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Item C18 C.18 t, BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting May 22, 2019 Agenda Item Number: C.18 Agenda Item Summary #5486 BULK ITEM: Yes DEPARTMENT: Fleet Management TIME APPROXIMATE: STAFF CONTACT: Roy Sanchez (305) 292-3572 N/A AGENDA ITEM WORDING: Approval to extend the current contract for Emergency generator and repair services on a month-to-month basis between Monroe County and All Power Generators, Corp. and approval to advertise competitive solicitation for these services. ITEM BACKGROUND: The current contract expires June 11, 2019. A month-to-month extension is necessary to ensure uninterrupted services from All Power Generators, Corp. during hurricane season. The Fleet Management office and County Attorney's office has finalized a draft competitive solicitation for Generator Inspection and Repair Services (See attached draft). A Bid opening date of July 3, 2019 has been assigned in order to expediate advertisement and completion of the bidding process. Staff also seeks approval to advertise the competitive solicitation for emergency generator inspection and repairs. PREVIOUS RELEVANT BOCC ACTION: On June 11, 2014 the Board authorized execution of the current contract with All Power Generators, Corp. The Board also approved four (4) renewal agreements on 6/11/15, 6/11/16, 5/17/17 and 5/16/2018. CONTRACT/AGREEMENT CHANGES: Month to Month Renewal Amendment to Agreement STAFF RECOMMENDATION: Approval DOCUMENTATION: Month-to-Month Renewal plus current contract with All Power Gen. Draft Bid Package Generator Inspections and Repairs 2019 FINANCIAL IMPACT: Effective Date: June 11, 2019 Packet Pg. 379 C.18 Expiration Date: Month to month basis,pending solicitation, receipt of proposals and an agreement for services Total Dollar Value of Contract: $45,000 Total Cost to County: $45,000 - approx Current Year Portion: Budgeted: Yes Source of Funds: 504-23503-530341 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: N/A If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes Additional Details: REVIEWED BY: Roy Sanchez Completed 04/30/2019 6:13 PM Kevin Wilson Completed 04/30/2019 6:13 PM Christine Limbert Completed 05/01/2019 8:31 AM Budget and Finance Completed 05/02/2019 8:10 AM Maria Slavik Completed 05/02/2019 12:21 PM Kathy Peters Completed 05/02/2019 12:33 PM Board of County Commissioners Pending 05/22/2019 9:00 AM Packet Pg. 380 MONTH TO MONTH RENEWAL AMENDMENT TO AGREEMENT FOR EMERGENCY GENERATOR AND REPAIR SERVICES This Month to Month Renewal Amendment is made and entered into this day of May 2019, between Monroe County, Florida("County") a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and All Power Generators, Corp, whose address is 0 9841 NW 117t'Way, Medley, Florida 33178. IL WHEREAS, on June 11, 2014, the parties entered into an agreement for Emergency Generator Inspection and Repair Services (hereinafter"Agreement"); and WHEREAS, the parties entered into the First Renewal Agreement on June 11, 2015, the Second Renewal Agreement on June 11, 2016, the Third Renewal and First Amendment on May 17, 2017 and 0 Fourth Renewal on May 16, 2018; and 2 0 WHEREAS, the contract is due to expire on June 11, 2019, and the County will proceed to seek proposal through the competitive solicitation process, but a month-to-month renewal is sought at this time 0 in the event that a new contract cannot be finalized prior to the June 11, 2019 expiration period; and WHEREAS, the parties find it mutually beneficial to enter into this Month to Month Renewal Amendment, of the Agreement; 0 NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth IL below, the parties agree as follows: 1. Paragraph 2 (B) of the Agreement will be amended to add the following: The County hereby extends this Agreement on a month-to-month basis to commence June 11, 2019m The County will provide seven (7) days' notice of termination of this Agreement. 0 2, In all other respects, the terms and conditions set forth in the Agreement, as amended and Renewals remain in full force and effect. U) 2 CL (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK,Clerk OFMONROE COUNTY, FLORIDA Deputy Clerk Mayor/Chairman 0 0 All Powers Generators Corp. 0 2 Witness-­ E By: nature Signature 0 ..................................�rll co Lon 6C."Y'(AG I(...................fc !-' ' Printed Nameffitle AA(A V1 Date: Printed Name/Title P'1" QV )AS ro rim.- CHRISiii;T UMBERT-BARROWS ASSISIANT COUNTY ATTORNEY D Packet Pg. 381 A,rm 3/1 1 1 Stou Itton-Tania From: Stoughton-'Tan a Sent: Wednesday,April 3® 2019 11:08 AM To: MicheUe FeHdano Cc: Sanchez-Roy,- Lowe-l'--d Subject: Rl'-_: Contract with AH Power Generators 0 IL llama fl(you... wfll be sen&,ig you via �.!e& �du ee (3) (�q�)wes Itie,ingw eement ff:)r youu s gnatw e NVl than tornoil row, Tania Stoughl"on ExecutiveAdministrator,Fleet Mgmt, 0 '10% 0 0 Monroe Counly Pubft lftrk�s 3583 S. Roosevelt Blvd Key Alest, FL 331,40 Ofte: 30 295,3176 0 Fax: 305-29Z3529 IL Florkki helV !I Ve?ry broa�lpublh�, ret,or�!Is 1,J)+, XJO�,a u;rjn��w lo oj,,p-ow ihe 'onmy, busine,ss, ore pub4i�� recortt und are io Mc; rpublii!�!� anci met ha uj�wn ri:�qtiesl, I'out'e mail nuo" be chsclosure 0 From: Michelle Feliciano<mfeliciano@aUppowergeneratorscom> Sent:Wednesday,April 3,2019 11:00 AM To:Stoughton.-Tania<Stoughton-Tania@MonroeCounty.-FL.Gov> Cc:Sanchez-Roy<Sainchez-Roy@MonroeCounty-FL.Gov>; Lowe-Ed<Lowe-Ed@monroecounty-fLgov> Subject., RE:Contract with All Power Generators Good nwi nhig and YI�!�s From:Stoughton-Tania Ian40.@Monii'()eCgt nt Go 0 Sent-Wednesday,April 3,2019 9:37 AM 0 To: Michelle Feliciano (Li fp��qi ator cotn)<nfefician()@AL�I.'�q �Lkygnerators,cqr> It�zn' n Cc:Sanchez-Roy<Saf)cpiez-f�ioyd2,M!n!.n�,,Op!'-,'O!nilty fI,Gp)I(>; Lowe-Ed �:Lgpv> Y 0 Subject-Contract with All Power Generators 2 Hi Michelle: E The contract between Monroe County and All Power is due-to expire on June 11,2019. We are fin the process of preparing a "Month-to-Month" Renewal Agreement,which 11111 be sending via FedEx to you.Just want to confirm that All Power is in agreement. Please,advice, Packet Pg. 382 C.18.a Thank you. I ania Sloughtot'i IL 3583, S Roosevelt, Blvd Office,- 305-295�3176 Monme CoutifIr Public Works 0 p � i�i fj!";e blii:"I'i G i u il:51"i�draw .I''ik i ���^'it dd iwir tl;°tl;;nrdi i�il'� �iil'w �Nilliiw,�,'!'u'�ww iw�'°�"i un �!i�W w ciiiiN,VY"���� it �;u°"r trll d''..w''�gyi � �� �w ri, aw F'�d��l»jr�ti tl°w "d,, d w 4,i w w � a r.., �' �, i;,w �.� ;;u i,„... i r• P ,„. i r r.I. i i,r e ,v r,„„,ws v",.. ii..i,..r i�..i,.. „�,,. is ,� ,...�.r t',.w dd��dw,u�d..�w�d i.,�i�i.���ui�a!,,udd:,, �d��w�iwd,.�id,a��r!,ua!��.., w.uW�Cd,ai ���w.i�.,il�w� �aiid�,iw.,�H�,i �wi.w���l,aw.,,.a� �dudiN,�P +�, Jiri,�o..���a.,,w!.Dw�J�ri'rw��rrvww�i.,�,��,��d,w�� a��w��,�.,r' '��w:, Powered by: onddyet c hu co r a� 3 0 IL C 0 C U) 3 C 0 0 C 0 4i C 0 ' Packet Pg. 383 FOURTH RENEWAL AGREEMENT BETWEEN MONROE COUNTY AND ALL POWER GENERATORS ,THIS AGREEMENT is made and entered into this 16"' day of May, 2018 between the COUNTY OF NROE and ALL POWER GENERATORS, CORP., in order to renew the 0 (L Agreement between the patties dated June I I'll, 2014. WHEREAS, the agreement allows for Monroe County to renew this agreement for an additional one-year period- and NOW, THEREFORE, in consideration of the mutual covenants contained herein the pal-ties 0 agree to the renew: 2 0 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 tenu beginning June I 1"', 2018. 2. In all other respects, the agreement between the parties dated June I It", 2014, and as 0 amended on May 17"', 2017, remains in full force and effect, (L IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. Monroe County County Administrator WITNESSES- ALI,POWER GENERATORS, CORP Witness, By: , -11, Presided Print Narne iffiel Print Larne:�\ICAN),C,� MONROE COUNTY ATTORNEY A,�P PV D AS 3YORM: 72 CMUSTINE LIMBERT-BARROWS ASSISTANT C rT �RNEY DATE:_ Packet Pg. 384 Monroe County Purchasing Policy and Procedures ATTACHMENT D.6 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract witli: All Power Ge'nerators' Co'rp.' Contract 4 .......... ...............-......................................... Effective Date: June 11, 2018 0 IL Expiratiori Date: Tiy f L"2'—0 Contract PUrpose/Descriptiow Fourth(4th)Renewal,AEEeement for an additional one (1) earPeriod-see item#2 Term of Contract between Monroe County I " "and All Power Generators Corp dated 6/11/204. .................... ..................- 0 2 0 Contract is Original Agreemerit Contract Arneiidrneiit/Exteiisioii Renewal Contract Manager- jq,Sanchez 3572 Meet' Man agen—ent, Stop#4 ...........— --................ (Name) (Ext.) (Department/Stop fi.) 0 CONTRACT COSTS Total Dollar Valm of Contract. $ 45,000.60 CUrretu Year Portiom $ §'ItO.00 0 be VC is than$50,000) then IL requme,a BOCX,'ap a ss povl vinlc the tota cu� mulatwe 1111MUM is kss flul B uidg;eted? Yes[-x No A c c o'L'i'i'i-t-Codes- -------- -294-2-3503 -!,,i3Q3-40 Grant: $ CoLitity Matcli: $ 0 ADDITIONAL COSTS Estimated Oiigoiiig Costs- $—/yr For: .......................(Not irClU ded in dollar value above) (e,g.maintenance, utilities., �anitorial,salaries,etc.) cy CON TRA(l."TREVIEW U) Cliaiiges Date Out Date Iii 'Needed NN er -] N Departnieiit I lead JL6�1:) PJ Yes[ Risk Managemerit 0 0 O.M,B./PUrc1iasiiig Yes E' Nol IA/A71 b, /I PS ............... 0 Comity A Yes.......... No Ej hl`k ttorrie), Comments: E ....................................................................................................................................................... .................... .......... ............................. . . ............................................. . . ........ . ................................................................................... .................................................... ........................— ................ .................................... ................................................................................................ ....... ...................................... ................... ............ Page 67 of 70 Packet Pg. 385 C.18.a ATTACHMENT Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTRACTCONTRACTS S $50,000.00 Contract 1t Por Cones, o Contract�..A..�.A .�..� _..�_ ri ,nri . . _ _ ... Renewal Dates J�xne 111,2018 Expiration Date: Contract Renewal Dotes. Fourth (4th) Renewal.Agreement for an a icon one 1 year p� ® :, a en one for spy r� ep s r one C0ya �7 fk FAILURE TO MEET ONE OR MORE OF THE CONDITIONS SET FORTH BELOW � WILL REQUIRE APPROVAL BY THE B®CC 0 e BOCC approved agreement provided for a renewal subject tot e terms and conditions set 0 forth in in the initial contract. IM The Contractor has perfon-ned in a satisfactory manner and the contract manager has verified satisfactory perforinance Pg The Contractor has requested agrees to renewal (renewal agreement should first be signed Contractor) e renewal period is set forth in the BOCC approved agreement IN e cumulative value per fiscal year, including y Consumer Price Index(CPI) increase, of a. e renewal is less than . e following Contracthas verified that the above conditions v e . met. n S. Contract agar: �,. c ez 357 Flo ant ® # 3 ... ....�..mm .._......... (Faroe) (Ext.) (Department/Stop#) 0 n 3 Rage 68 of 7 Packet Pg. 386 C.18.a .••••••••••••••••••••••• UU5/d"t•••••••.................................................. IIII�" `�IIIIII III �°�°' �� ��III�" �IQI IIII I:UAT° MtI�tI�®N��Yp THIS CERTIFICATE IS US•SUUII:..�D AS A IIWAATTEIR 0IE' VUWV"OuRIMA" I10IIW 4�UWU...Y A114 12018 .......................................................D CONf:E!!:RS INN IRIGHTa UPON ''FHE CIE IR"rIf9CATVE 11101..DEIR•• THIS CV:IR..V•.IRCAV"IF. DOES NOT AFnRMA,TIIM...Y OR uWICG AT11VIULY AIMIE"IIWUD, EXTEND OR All TER TUVE COVERAGE AFFORDED BY T1l--1E IROLIMES B II••OW. THIS CEIRTUU"UCA TE OF IIIIW U.URAANCE DOS NO'T CONSTITUTE A CONTRACT' BETWEEN THE ISSUING INSUUIRIIEE:IR(S), AUU"U H IRIZED RUu IRRESEN"U'AT11VIE OR PRODUCER,AIN D THE ER"ll"VU::CAT-C I�U�bU�DEIR. ........................................................................................................................................................................................................................................................�.................................. .............. .............. ............. ..... VUWUI IW U", Vff the cerV.uff"ilceffe holder,Is ain A,DIIUVTV IN AL VUWSUUIRE.13,the poft y(Ws)rnnuDet have ADDITIONAL VIIN UURII::::13 pro vislairns or be endorsed, If SUUUUIR A"W"1I UW US WWPAAUVIEI::D, subject to the terms and cerndiltloune of the Ipolliicyp, certakn UaoVucIeS IYTney req uilro an endorsement. eA effefferrnelrnff on � Ws cerUVffucete loses not confer rugUntt»to the celrtiffncaffe Wder iilrn IIVeuD of such elrndor ermnernff.(e). .....................• ......... .... PRODU.UCIEIIa CONTACT � NroL U.� t.ul°t PHONEPHONEU..AX linsurance ...IIAaS, Ilmc. Vara..-M91 aU;w . .-Q 2 ®__._....U�d a�U.... 0 a„-387-02.24..... :"MAR. i A14335 SW 120 Street Suite 1 VaruIXa ............................._.... ....................._.._..........___...____....._._......_.....1..._;a 4N5A tC N __. ,I A '......................:..................... MIalnt, F1 33186 miU MVNS& aL�U�P aBYNJ COlFaACL �� U �UT NtU . L A .. NsJaCUD ... INSURERBL I'EROG.�U�II, SV�✓U_Ul` SUIIRAINCE uDa§i R Ua C; &COTTSDALE....N.U. ANCE. ._. ........ . 4.129.7 _._.... 541 NW 117 Way ura u.urau ua Ii1: n 1 � _............................................... Unll::rllU.1L U ...V.NW��1 Q .LII ,s....11 , __.._................................................ Medley, FL 33178 INSURER E:: ..•.••••••.••••...�.•••••.......................... �........••............•.......•••••.•••. ........... ...............................................................................................................................................................................................••• COVERAGES E11:1"UVE CATE IIWUdIBEIR: " E IRIf:'MS11 IW UIIWB"IRS UHS...... ..... ...... .. . ; IS TO CLR1IFY TUAr THE POLICIES OF INSURANCE LISTED BEILOW I RAVE IELLU ISSUED O T1HE INSUR: ED �AWED ABOVE FOR THE POLICY fi°CR= INDICATED. NNOTWWWWt"U"QUSTAIVryll'WUS ANY IREQUUIIRIf:WEI'WT, "V"EEIRM OR COI`WMTIIUDIW OF ANY CONTRACT OR 011 E"U:U DOCUMENT W9WrHU RESPECT TO WPIICIIf nGis Cl:NR"C"IF:ICATE IWUAY Bll::E ISSUED OR MAY PERTAIN, TUNUE INSURANCE AFF ORU:bIEEI::D BY THIN: POLUCIIi,S LDIESCU111INE:C➢ IS SUBJECT FO ALI... TIH: TERMS, f::EXCI'...UJ'SI'0NS AND C OIINDfTIONS OF SUUCII•fl POU_UCIIII.iS LIId I FS SHOWN IIMAY HAVE INEEUEIN 13I!:EIIED4UCED BY IPAID ' : CE.AIIMS. LICYIFRITUINSr ArDNS :a Pe0.VCYIU:U r TYPE C UNS0. aANrS W WWdnNYYSdE.2! aJCUa .IV1TS m.............._............................................................_.._.. ...... COMIMERCIIp.At GEIfNERAIL 111IABR.ITY EACH OC;ClBUtRENCl 'fRMAZL7VUIrI H rr5 CLAIMS—IMADE OCCUR PREIUI!"•I�[L,urc;aaeren2q1 ... 100 0GUI"U'„ n Ivl I9 XP(Any one pees son) ._....S � A __ . �' � �U� 2'QUUGU2CUw:�UYCUCU GU��12./2.CU1,. 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RATO RS SUE: IRVIICE, 6RUEEPANIR, INST AP•...D..AU`IIaiq 0 U'UIE CIERTIFICA IFE II VGmD[...DE.JR MG;DI''NROE=COU1I14TY IBOCC tS U_II k"II:.M AS AII::UDIITIONAU_IIINSUNREII:U UUINII:DII::iR U ABILII CX AIM)AUTO If1 IL...II G;U U 1E.E.S 0 CERTIFICATE HOL.II:U UR .• CdAUWCELV....UnATUU�UU'W �; SHOUJLII:D MANY OF THE ABOVE DIESC RIICDII:EUD P011...MIES IRE C�AINCU:ELU...IEII:D BE:P�O R1E:I � VGNNURQWL GJUUdV"GEC BOARD 5:::: G C➢VUUN"UXGIWflf11IGUUN'_6`R II"II IIVE E If"tlURAO ON rDA"11"S 11-11ETREEOF, NOTICE WILL IBS U:DU:EII...VVE REND IIIN add S. IfRCOG L\/FLT If::ULVL� ACCORDANCE WITH rHE U u0LICY ugROVIISIONS•. KEY U:Sr, F11 33040 _... AUTHORIZED ai RISEKNTTWrE oaE NrII f uri ••.. ........... ••••••......•••...............•.... 1 S ACOl) OO988C -.0 P`: IRA110II'4. AH Hqhts reserved,, TACO RU"U 25(2016103) The ACORUEU Inar ne and logo are registered marks of A 0II"RU;y Packet Pg. 387 C.18.a ACC>RV CERTIFICATE OF LIABILITY INSURANCE F0510=12017 CERTIFICATETHIS I I I L F N IC T AFFIRMATIVELYi ALTER COVERAGE CER-71FICATE DOES NOT Y POLICIESC TIC 1 CERTIFICATEI T ISSUING 1 ), AUTHORIZED R t THE CERTIFICATE HOLDER. IMPORTANT: It the cortificator Is an ADDITIONAL INSURED,the I { must have ADDITIONAL INSURED previsionsor be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions policy,certain polklesI n endorsement. this certificate c Hier rights to the certificate holderIn lieu of such s s). PRODUCER Nora Lataude InsurancePlus, Inc. a —3- 14335 SW 120 Stmet Suite 11 INSURE s AFFo E............ N Miami, FL 1 o lI I _ ....... PowerINSURED All Generators,Cc s: INSURANCE�.. 9841 NW 117 Way : sv o: 8 Medley,FL 33170 INSURERE: _JMEMMP: COVERAGES II I o 0 IS IS TO CERTIFY T THE POLICIES OF INSURANCE LISTED BELOW BEEN ISSUED T E INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF Y C R E U RESPECT TO WHICH IS CERTIFICATE Y BE ISSUED Y PERTAIN. I AFFORDED Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS CONDITIONS OF SUCH POLICIES.LIMITS SHOWN Y HAVE BEENREDUCED BY PAID CLAIMS, ..........................� TYP E E LEACHOCCURPENCES —ID CLAJMS4AADE 51 OCCUR P S Y Y CB82WO20NOW 02/12t201 E 02/121201 SEc P{ s 3 ....�.. IERSONAL&ADY INJURY 3 CENA YE ....E LIMIT A p, EE !GENERAL SJEC � L P �� ............. ............ _ S 2 00 OTHER s wu U I $ 1000 3 AW AUTO BODILY INJURY IPA ) S � 7LREMc SCHEDULED Y Y 337016 1 01 4/201 LY I RYAUTOS ONLY ......_.. a..N..•.U..T D * ER... PR ... _. E UTOS Y AUTOSY _... ...•.,..,.. I� n 0 ..........„ ....................... . ..... U � OCCUR EACH OCCURRENCE tC 87 1 02/101 21201 E � .. FETE DED s x M. vs Y r N TAT ANYPE IETBER EXCLUDED r 1:1 MIA 1A1 3/ 17 Q 010 EL.E�C11� DENP' N E I_UI E!a PLCYEE S DMOLRIPTION OF OPERATIONS E L.DISEASE CY LIMIT S 0 .........mm.........................„...... sV DESCRIPTION OF OPERATIONS r A r VEHICLES(ACORD 101„Addidwal Ramrks ScloduK my be aftchadIt nwe spue It mquiredI 0 GENERATORS SERVICE,REPAIR,INSTALLATION THE CERTIFICATE HOI DER MONROE COUNTY CCC 18 LISTED AS ADDITIONAL INSURED UNDER LIABILITY AND AUTO POLICIES sm CERTIFICATE I BOARDMONROE COUNTY COMMISSIONERS SHOULDY OF THE ABOVE DESCRIBEDPOLICIES BE CANCELLED BEFORE THE EXPIRATION EDELIVERED 3583 S. V LT L ACCORDANCE E POLICY E KEY T® L 33o4a 7orN !aLefaurlenva CORPORATION. II e ( ) The ACORD name and logois n f ACORD Packet Pg. 388 C.18.a Subject: F e Contract Renewal Lowe-Ed Sent: Monday, March 12, 2018 2:01 PM ® Sanchez-Ro ® Contract ene l FYI-All ewer says yes to renewal. 3 Sent from y iPhone Begin forwarded message: 0 "Michelle a " IiN O�ariI I'Ofd P "�, r � w ��P�L.�� From: IC e e Feliciano"<PTu '�"�.. � ����G"w" / w H A0 Vim"N a���"�w... 0 Date: March 12,2018 at 10:49:00 AM PDT � To: "'Lowe-Ed"'°<owe EdVnwgflEg�sqY wfl 0 Cc: "'Smith-Craig"'<,5;,ruIb&Lgigf��R��M,w:uj �a.�a��w,ay�ww�,�1�� i D m��u����. Subject; 8E:Contract Renewal 3 0 From:S t is �lllle F alicwh 12[2 ,1@ �1..u��"fcUciano�����ll[1lNW�.1"k."�a��� a rrw� �.�,.� a °u� 0:17 AM ' o e- d'<, e IIIT l buw a u w a rw wunfiy III Lw Subject: a Contract Renewal ho From: Lowe-Ed [ a Ullw r I ggyj ul�w� 1.�� �,a°���ttwu�awu�ww°a>� Serum Friday® March 9,2018 3:20 P To: Michelle ichel a Feliciano on , ,u.....�. ,m , � � wwr�a.,w.(E�,.. m �� u�.,�, ..nm.ww> � _ Subject®Contract Renewal CL 3 Hi Michelle, It is almost Contract Renewal time again. I just wanted to confirm that you intended to renew before we start the process? 0 Have a great weekend! 0 Ed Lowe Powered by; oqwdrNe 1 _a orrr o~. Packet Pg. 389 THIRD RENEWAL AGREEMENT AND FIIZS'F =="--------------- A E DIVEN IF IG.REL EN B T ET'ERA r RS To T' I I PON ER 0 COUN 11 1 NR E _FYA-1 ND A GEN 0 MS AGREEMENT is made and enawd hwo this 17" day of M, 2017 hehveml the CO 1..JN'1'1' OFNM ON ROE and ,%L!, PONVIER Gf�,NIERAIIFORS, C011p_ in order tc) rertcm the AgmemmH bo"Ten Uw Immies datal hate I A 201? WHE1111EAS, the agmmmWU allo%%,,S fc),- Monroe County to renew tMs aWwwa Bar an adldonal C one.year period; and 0 WHEREAS, We ILlifliC RC!cords language in the agreement needs to be updated in %vi 01 FS.I I VM 107; 0 2 NOW, T11ER1.;,]F0R,1E. in consWeration of the "muhial covenanN conWirred hemW the pades oe to irenew andall-lend the Ag,reernew as fiblio,).ws: 111 ilccOfdallce "Th Paingmph 2 (B) of the 2014 agmemwV, Te Comy hemby 0 CL exercises its clidon to reneAv Rw an MGM onnyem tomi beghming June I 10. 200 1 ➢Pamgmph 28 of le 20 01 agremuetu Anil➢ be arnended to include, ti-le f"()) Public Rec.oi-ds Compliance, Contract(),- "lUst comply ivith Florida public records laws, C 0 including bL11 not Whed to Hapter 119, Wida Statutes and Section 24 of artice I of tdic CbrMAK of FONds Ile Couny and Unumtor shall a1% and permit reasonableaccess to, and QpMon c,Q aH doewnents, records, pap ers. leuem or olujublk i-ecour' matwiss in its :01 p)()SSCSSi011 Of- Under its conval sul.yiect to t1iC rwoMms of Chapter 119, F]WICkI SU.ItUtes, and =0 made or recdved by tile Counly nnd ConUUC101-ill C011JUnction �uU S contma und relatedu�u to CL contmct perf'ormance, The CountN shall have the rio-a to 1.inilaterafly cancel this contracl a violation of this provis�on by thc�� Canknoon Mure ofthe Contracwr to abide by the lenns of Ohs provkkm AaH be deaned a rnaterial breach of this conact and the CS"Uy may en fame the C lemis oFthis 1wovision in the Ann of a COLU'l proct,:edingand shaH, as q j--)revaiHn,!,,, party, be 0 entitled to reinibursmnew nFaH swonicy's fles mid costs associated With that proceeding. 11is 0 provkiwi A'Al sunive any tenuhudon or em%don of the conuact. C 0 The Unwador is encouraged to consult "idi its advlors abOU1 Florida Public Records 1-aw, in 01,der to Mrlply with this provision, E Pumu= to FS. H 9.0701 and the teans and condidorls of this contract, the Contractor is mquied to: 1. ................... Packet Pg. 3 071 (i) Keep and niaintain public records that would be re(JUired bN? the COUMV to pej"fi()rjyj tile service. (2) UPoll receipt fron-i the COUMNI'S custodian of records. provide the C0 ,111ty \vith a CO I - pN of the reqUested records or allow, the records to bc inspected Or copied %vithin a 0 reasonable Time at a cost that does not exceed the cost provided in this chapter or as (L otherwise provided 1)), law, EIISLif"e that pUblic records that are exempt Or confidential and exenipt fl-0111 I.Riblic records disclosure reqUirements airc not disclosed except as authorized by law, for the duration of tile contract terni and 1'0110%N'i'112�1 col"Pletion of the contract if the contractor 0 does not trallsfin- the records to the C'oL,rlty,, 2 0 (4) Upon corriple6on of the contract, transfer, at 110 COSL tO tile COLMIN,all 1)Ublic 0 I-ecords in possession of the C,olltractor or keep and maintaij, I)LIbliC I-CCU' l-CIS that WOUld 2 be required bN tile Co unity to pel-florni tile service, If tile Contractor transfers all pUblic records to Ille C.'OU11ty L.11)011 corilp➢e1jorl oft] 0 le contract, tile Contractor shaH destroy any duplicate public records that are exer"Pt 01-confide nt➢aag and exernim fi-0111 pUblic records as cfiisc osure reqUil-CillelitS° If tile (..'ontractor keeps and rnaintains j)Ub1iC rem-dS UY)O11 (L conlpletion of the cc)jjj,-,,jct, tile C011ti-,ictor shall rolect all appNcable re(jUireMCntS fear retairling J)UbhC uW()�-(JS, All rLcords stored electronically 111LIst be provided to the COLIIIIY, Upon rqLIL'St frojo-r the COMIty'S CLIStOdian Ofl-ecol-CIS, pin a forilijit t 1, iS i at conlpatible \vith flic jjjfon-b l"'Iti" tech"Ok)(gY SN sterns ofthe COU11t)', (5) A reqUest to i1lSPeCt Or COJ)V 1:41blic records relating to as C01111ty Cojltj'aJCt be ca 0 unade directly to thC COU11ty, but if'tile COLIMY does 'lot possess tile reqUested records. the County Shall pnllnecfiate➢Y nofify the Contractor oftiie request, and the Coil tractor ''must provide the records to tile COU111Y or allow tile records to be inspected or copied within a reasonable tinw. If the; Contractor does not corn ply�\,Ith the Count y's request fOl-I-eCORIS, tile COL111t�l Sha�l L�lr( -C the PUI)HC records contract provisions in accordance with the contract, notwithstall(h fi.➢air County's Option and right tap Uilflaterafly cancei th➢ s contract Upon violation ofthis provision 1)), the Contractor. A Contractor Who fails to provide Ihe 1-Mblic recol-(Is tar tile C,Ou,jrjtN,01, Pursuant to 0 as valid J)Ublic records reqUeSt Within as reasonable finw May I)e SUbject to penaltieS Under 0 section 11 9 10, Florida StatUtLS, 0 2 The Contractor shall not tran.91er CUStody, release, alter., destroy or othei-xvise dispose of any 1)UbhC records uffless or othenvise provided ill this Provision or as other` rse provided by hm% E ..... 12L OIL Y I Is.11 i ... ...... ......................... L-A 1 INS. 1 TI.I.E. 2 Packet Pg. 391 BRADLEY,.-BR N OEC � 7 N� E ..... ....... —1---....--- s .........................................................................—.E_15LF2 L 0 CL aglreeluent. bctv"cen the parties (filkxI June 1 2014 rem-nains in full ibrct-,� "Ind P�r WTI-±"%TSS WHEREOF, t�IC PIU-6CS haVC II(TCUnto sct thei 11midsmid SCA thc� ChIN"md vcw- first mitwn �,Ibove, 0 2 0 (SE L) CL Bmird ofCounty 1"' -onmussmnc,rs j %V FFN F" .1, RAW"T' CU Rvv: E C'k ........... ......... Packet Pg. 392 I A T E VIA M 0 0;t vy Y CERTIFICATE V OF LIABILITY INSURANCE 0Z IM0�7 FHM CEMWMAM IS WMMO ASA IWAB CONFEFRS 090 RIGHTS I)POP4 THE CERM:A 1646UIER J ki�' CERT04CAIE KNEES IE31 AFFIRMATNELY OR NEGATIVELYAMENR EXI END OR ALTER THECOVERAG11F AF11 OFIDED 1�3Y 114EFO)11A(tl�!IES BELOK THIS CEFMOCATE OF WSURANCE DGES NO F CONS Mum A CWHR=1 BIIETWE11:04 114E NSSLING M114SUREF:�(SB, AUTHOMM) REPRES EP41"ATIVE(IR F!"FlO CIR)CER,ANEV711 DE CER I DCATE IiOLDEF: al P a c e fi ii:�a t lio :A:kq T h a A 0 11�)Y r W 0 N At,IN S U R E kh ii!u p 0 H C y I p as,D ii u w u s T a v a A,D(11�T U 0 N AL 11 P 4 S R E 0 P rO v 11 M 06 5 Au'be a n d I'A ad H WMWMAMNWWMRM syKnode umm OW cuoums WOMPNcy clown PWWMS 9u14y f0q�LOIUV,Ww OI11dulmorien'! 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AL,W,1.N4 fis 0=035 2 V0 4 �20�6 11,0412(iii 7 sc)LI,Uyuqjj,, I 1100:111 VIN,0w1.flla] M 0 kl%'IUAII�LLA 11 IIAD OCCU'q f Ii 0 EA"SS LIKE GLU 26370E o OZITM7 ubhv2um A MENU 2 IDIOM I)FID ID PErENfl"N$ VYI)HIKEF�S COMPENSA WP� $ AM MRM MR UMM H y N D mn mmmum"m EL EAO I OW 1 1 too Ono CU) ENFIKEWEAMEPEK ,11ATOMA 011032017 R yf4x dmAu-,m imVp 1 COO 0001 Lelia" I.Ll)4SEA— —Jk _ Tfisc 1;4�y�101N(!I F OPE RA T'i ON 5 DIC 4 TX) 5,VE mM k.E 5 YAflal h A tORD 0 &Jdd I a 11141 Ram a I,%I S C A a d UN 1p"'10 ry sp 11::!0 b 1111 OfA'4 a d� OMMOM SmmO Rupatr and in:Ra la rin o Gancmt r and E e vical 0 L D CAROMME HDOER CANCEk LA ION v 1; 1,CI F WWUW AM OF MEMMEXI.WHIMI ISSECMnaaEOSUOME THE EXII:IVRATION VATIE MEREOF ?40710E V'14L�-13 DELIVERED tI%d E 4)MAO I Loh I I REE, ACCORDANCE VA&THE PQ ICY PR4CusWi4,,,-, m KE 1 A15 t FL 3M AL WW)R2E':)REP:IESJ�,,j CA-S'Kf A 2 ORD 25 RM 6M 1 Q�v CloSS-20,SAD�:ORDCORi'O�RAB�d�)II"4, Mrightsiliesprved, The A(.'011:(D namo avul 1090 aw'o wglsfeired maTks II ACORI[!) I Packet Pg. 393 ..............ICY C E Ff N F I C A TE 0'FT' 00MWRTAK0WlQE D AMSA iAITT VI"61SGAWNOW Y AN!NCDCE CAPWWR AAW TA0O NO P"A?L TW& W1�,rEA SC,`Y6/1,_'6R/00 NA AAF I REAE AB U: HoL DER j VE104Y OHS CERTWICAU OF Nlbl­�,,�O�C,"' �N)T JTVE OR MWDWMk AM)OR BUUM Ill T HATU,', oil will?"AMAUNK hlm5 md A IWAMW Dn 010 "Wm mm "t"MAN AN$ W Im t 0 (L to 10 e�,a UE b ymp 0 jilt? NNW"0 Wr a 0 .......... I........... ...... ............r n ........... CUD ti 0 (L ..................... . ............ ................... 0 ............. .................... ........ . ..... . .... .............. ...................... CL ................. ...................... ....................... Li...... I ill ......... ............. ............. ............1, 0 0 0.............. .......... .......... ............ .................. ........ CONVERTED_ _11114140 PHR ABOVE -11,11,1111,........ .......... it BRA 20W AGORD bCORD 25 (MI40"i) The ACORD nomy anj kUo on Poma`soon of ACORT) Packet Pg. 3 477] Stoughton-Thr9a From MuMeWyno Wmno A a WoNsgs ("mu5cm I SeW Thw,,d,�y A�,� D") 201 7 146 R'tA ® 'A,is v� C 0 W swugmol (CD 0 IL C 0 2 .2 :E C 0 Sent; !Tn trsrJay, Apmril 06, �C)17 1, 31 R\l To: 1,'w a flejia C(:: Sanchez Lcvvf�,-Ef,,J Su4ject: q A wmal agreemerd 0 IL 1.4i PAna: Hope A is Oveli r,eady prcq'J,)'re thf,�� 3�"' Rs,,nevv�fl Ag,��,,erniE,rit \,,vith AH f)�,,)vver Generwors Much mH expav lune I 1 20 17 New, A nw knmv I AH Pown it interested w a thHd i enewal, Upon y i Jgo et lc)i, y(,n,rr SPOMP 0 888 3187 S Moo two M C Key OWN Fl, :1 0 0 FAX. 355 AW 352­' C 0 E P memd Packet Pg. 395 C.18.a SECOND RENEWAL,AGREENIEwr J t HS GREEA4 I't9 J i urra,3d m) enieted uuall„o tNs t I.r,a�day o4 uune, 2016 belwe n the CaOU"ITT" 01! � 0 MONROE and ll 1�1 4 ER GENERATORS, CORP, in oird Ms..,to u new ,l]ie a use ment between tt ile IL dated June 1.1pu',1, 2014, �C 3 C 1., Rrra aw.r orrr':9 Auce a+u9lla beau 3graph m (B) ''I' Llare 2014 agree uaru nt, the COLMIlfy R.y,a iie ,4 rrwMmbsesa l a:rrh:u,:mn to ua aau:r�w the ,atw uea'ruaua:rur4 foie aain wldi�l'Azai41 one-year herm jegt nnfiig hxirurr� 11rH, 2016, C 2 0 m 2_ In aIR othe a uearp n ts, the agremauurrent belm(,een tha:..b parties dated June :11 e 1014 a"einamu]" s uua fu.upll c NI \AfllfatRrJlS Jt1IH II CFC, the t�.,'Iv SE"t i,hclt�' �aaarsls and a^,fl, the u.Niy and year t.lu,.st, uaurrit:en 3 0 IL C 0 Yl Q 4"t f � ��r u t U) 4#4;Y )N4A;' 61R'J 1 :bVJ CL C w,n.JMImEs; �F /asL L P 0 AA/ ff C 0 Ia w fi y c t 0 C 0 Packet Pg. 396 F�Rrll THIS MNEEMENI F a Hmde 0ml enUqed = 0us I V day of bw 200 tw1wevi We COUNlY OF MONROE and AIL POWIR GEWRTaORT CORK Hi We M to em Uw aWuwnwH beWmen Me pamps 0 (L Wed We I K AH�4 1 in aawdwwo with Paragraph 2 (W of On 2001 agreement, �hv coun�y heVeby ses Ts opnon to renew Om Agommit ku dn mMqmnal unu yedr Ygm Apmung We 1 1 200�, 0 2 .2 �111 Other res"M, We agmemal blimu" Ow Wks daNd We 110, 2014 mnams ut f0l 0 We and efkcP IN WO NASS VVH[ RI,Of�, thp fp,)nlies hme hemu= sm Key hands And ed, thf, day fif,,t vvfItten (CD above 0 (L S 1 A 1 11`4, C I, I,,'I-, M B v 00 K 130/0U)M. (.OUN TY U) la I a W POVVrk G! NERAIORV U)WIP ........... Packet Pg. 397 C.18.a SECTION "ld" °O. BID RESPONSE NS AND COUNTY FORM SUBMISSION RESPONSE FORM PART I dlrnergency t:: energy for inspaee ions and Repairs for Monroe Count,. Horia.da ID TO: MONOOE COCSINTY BOARD OF'C(.)IJN'IrY COI MISSION dC IR c/mu PURCHASING IIN)IIEPAdN '..I'N1F':N "df _ GA'T0 BUILDING, ROOM 2-2` 13 1100 SIM('.)NT(,)N STREET G8 The uurudersi ned. ha%,irefullymu ca exanuin d the specifications. d:'sid and addenda thereto and oilier bid e:docu.ur ents for: � 0 Emergency ncy G mm irmmtamur fmmslpmeetiimmmus anti Repairs for Moil roe C°a untm ', Florida in conibrummance with said sp ecificadons and other bid documents inckiiding Addenda issued thereto. c IC acknowledge receipt of Addenduuuum (am) No.(s) tj, ... ._.........._. .. .� Delivery days. 0 d have incluuomden*d. o "'rhe Sumlbrnission Response onsets dorm Parts p and I c 1,obbying and Conflict of interest Gauuse Form o Non-Collusion Affidavit o Drug Free Workplace Form � 0 Local PreRrr, nce Form V ... C.polm��IIIQn. mmmam~i�ii���urm�s a�immm�m; mm,s ur�mmmimmd�ur t:ivam���mm< a�r�imma�:Dlmmd�d„ Company Name: ap � ....�t��._ dw �'M�.: � d �:P�._...- ,.„.....„.,,,, ° MaHing Address, TTelephone:, t � ....._.� . .. .. ... Fax .. , . ................ G8 w amtem d ................�...�..._......................... ... ..................... _._.._ Signed:d: 1r ! _ Witness: ., -. .. . .. _....... ._..._ m. . . .. ..... .. (St., �x ' .. ... ............ AQ UPW'Q aCame„ MY COMMISsm0rVrm u tee. BGqdLd'ClYrda Nat„Y F liblic Unde6w rMi a-t ... ............... Applicable p...iva,� s �s� 'C uaQQmd r.'... Federal d.D. ���...... �b.�_.:."...��;��� ��� � °::�.» E _.._�.....: _._...... ......... ._. .. �. d 5"pm ` _., ._.�. �'� ..�..�....."'.�........ 3/4/20 4 i Packet Pg. 398 SUBMISSION RESPONSE FORM PART 11 The undersigned, having g careftffly examined the work, specifications, proposal, and addenda thereto and other 0 Contract Documents for the services OF 0 (L EMERGENCY GENERATOR INSPECTIONS AND REPAIRS And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances. rules and regulations affecting performance ol'the work. does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with said specifications, and other contract documents including addenda issued 0 thereto. 2 0 I. Labor for repairs—normal working hours of 8:00 a.m. to 5:00 p.rn.. Monday through Friday, excluding r- holidays: (3 0 per hour, mechanic EC per hour, helper per hour, mechanic plus helper 2. Labor for repairs — overtime rate for hours other than the normal working hours as stated in item I above, including holidays:S cud 0 CC) (L per hour, mechanic per hour, helper 0'3 per our, mechanic plus helper 3. Replacement parts: Cost plus % 0 4. Rate for specification development/other professional services, excluding Generator maintenance and repairs: per hour U) 2 5, Rate for technician hours of 8.-00 a.m. to 5:00 p.m. during assignment to the owners Emergency CL Operations Center(EOC)excluding actual Generator maintenance and repairs: per our 6. Rate for technician hours other than the hours stated in item 5 above. during assignment to the owners Emergency 0=,erati'o,ns Center(EOC). excluding actual Generator maintenance and repairs: 0 c' per our 0 Alote: There art,no a(ldifional costs jor shop supplies, travel, infleage, meals, or lo(Iging. 0 2 Tile Contractor's request for payment must itemize each ofthe costs stated above. E ffidder's 2� 201 Packet Pg. 399 SECTION THREE- DRAFT CONTRACT EMERGENCY GENERATOR INSPECTIONS AND REPAIRS UPPER, MIDDLE,AND LOWER KEYS FACILITIES 0 (L FROM KEY WEST TO CARD SOUND MONROE COUNTY, FLORIDA THIS AGREEMENT, made and entered into this day of 2-014. ABI. b) and between MONROE COUNTY. FLORIDA. (hereinafter. the"owner"). and JLX (hereinaf ter, the "Contractor"), t0 0 That the parties hereto, for the consideration hereinafter set forth, rnutuallyagree as fbllo%%: 1. DESCRIPTION 0 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 0 AND REPAIRS UPPER, MIDDLE,AND LOWER KEYS FACILITIES FROM KEY WEST TO CARD SOUND MONROE COUNTY, FLORIDA A4 Annual inspections of the approximately sixty-six (66) emergency generators including the engines, electronics, electrical load, and transfer equipment. The annual major inspection is 0 required in preparation for hurricane season, which begins on June I". The annual major inspection will include electrical load testing. Proposed inspection checklists must be included in Contractor's proposal. U) B. Routine repairs; the Owner is responsible for routine repairs and maintenance, but may approve CL 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 0 available 24 hours per day, 365 days per year. The Contractor shall be on site of any Emergency 2 Generator rnalf"unction with in four(4) hours of verbal notification by the Owner, 0 D. The Contractor*s one technician shall report to the owners Emergency Operations center (EOC) 0 within four (4) hours of verbal notification and remain on site available to owner immediately following an emergency, declared by owner, E E. If the Contractor feels that a unit is not economically repairable. the Contractor may Submit an 0 estimate for replacernent and/or repair to the Owner. The Owner rnaN. at his discretion. have the Contractor repair the unit in keeping with the repair estimate or seep other outside proposals for < replacement. 3/24/2014 Packet Pg.400 F. The Contractor may be required to assist in the developrnent of specifications I'or tie%% or replacernent generators and associated equipment. Co. The O%%ner shall pay the Contractor for parts/equipment plus the percentage indicated in the parts rnarkup of this bid form. excluding reasonably priced small items frorn contractor's 0 inventorN that do not exceed n'iore than $25.00 of the cost billed to tile Count). Receipts. IL invoices. or other acceptable proof of contractor's original purchase must be attached to all %%ork 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.bobber, dealer, etc, K Attached is as list of the County's current and active generators, which wdl require services under 0 this emergency Generator Inspections and Repairs contract. The County's generator inventor) 2 0 wffl always be SUbJect to change due to SUrphis deletions, additions, transfers, movernent,etc. am 1. The awarded Contractor will be required to provide a State of Florida licensed electrician as 0 required for load testing, load banking and/or electrical repairs including, but riot 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 (D credentials before contract documents are executed. 0 IL J. Proposal / Bid Form iterns number one (L) and nurnber 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 (I year m r coin upon the day in which it has been 0 executed by both parties.. B. Monroe County shall have the option to renew this agreement after the first year for four(4) additional one (1) year periods. U) 3. HOLD HARMLESS Notwithstanding any rninimurn 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 harnfless born 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 em 0 death), loss, daniage, fine, penalty,or business interruption, and (iii) any costs or expenses that may be asserted against, initiated Nvith respect to. or Sustained by., an) indemnified part),by reason of. or in connection %%ith. (A) 0 an), activity of Contractor or any of its ernplovees. agents. subcontractors or other invitees during the term of this Agreement.,, (B) the negligence or wifful misconduct of Contractor or any of its ernployees, agents. 0 subcontractors or other invitees, or(C) Contractor's default in respect of art),of the obligations that it undertakes 2 under the terms of this Agreement. except to the extent the claims, actions, causes of action, litigation. proceedings, costs or expenses arise 1rom the intentional or sole ne-Ugent acts or omissions of the COUnty or E 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 circurnstances that occur during the terns of this Agreement. this section will survive the expiration of the terns of this Agreement or an) earlier 3/24/1014 12 Packet Pg.401 termination of this Contractor, The CoUntv .shall not in any forni, deflend, indernnfv. and/or hold Contractor harass less. 4. INSURANCE Prior to execution of ties agreement, and maintained throughout the life of the contract. the Contract 0 zn or shall furnish to the Owner Certificates of Insurance indicating the n1inifflU111 coverage limitation as listed below: A. General Liability— inck niu ide as a minim: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability 0 • Personal Injury I.Jabilitv 2 0 • Expanded Definition of Property Damage The minim urn limits acceptable shall be$300,000 ConiHned Single Limit 0 If split limits are provided. the rnininium limits acceptable shall be: 100,000 per person; 0 $300.000 per Occurrence- and $50,000 Property Damage. 0 An Occurrence form policy is preferred. If coverage is provided on a Claims Made Policy, its (L 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 ADDITIONALINSURED. 0 B. Vehicle Liability include as a minim um: Owned, Non-Owned, and Hired Vehicles U) The minim urn limits acceptable shall be$100,000 Combined Single Limit If split limits are provided, the minimum lirmts acceptable shall be: $50,000 per Person; $100,000 per Occurrence-, and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISMONERS MUST BE NAMED AS ADDITIONAL INSURED. 0 0 C. Workers Compensation— limits sufficient to respond to F orida Statute 440. 0 In addition. the Contractor shall obtain Employers' Liability Insurance with firnits of not less than- $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, E policy limits $100.000 Bodily Injury by Disease, each ernployee 3 24 2014 Packet Pg.402 Coverage shall be provided by a company or companies authorized to transact business in the State of F orida and the company or companies must maintain a rninirriurn rating of'A.-VI, as assigned by the A.M. Best Company. Ifthe Contractor has been approved by 1-1orida's Department off-abor, as an authorized s0f-insurer. 0 the Count3 shall recognize and honor tile Contractor's status. The Contractor may be required to (L submit a Letter of Authorization issued by the Department of Labor and Certificate ol' Insurance. providinp- details on the Contractor's Excess Insurance Program, If the Contractor participates in a self-insurance fund, a Certificate of Insurance %%ill be required, In addition, the contractor may be required to submit updated financial statements from the fund upon request from tile COUnty, 0 5. PAYMENT 2 0 The Owner shall pay the Contractor in accordance with the following schedule- 0 A. Labor for repairs - normal working hours of' 8-.00 a,rn, to 5:00 p.rn. Monday through Friday, excluding holidays per hour mechanic/$--��. 00 per hour helper. B. I..,abor for repairs - overtime rate for hours other than the normal working hours as stated in item (A)abovew including holidays, .64 per hour mechanc/$.��§- 06 er hour helper. 0 (L C Replacement parts-purchase price plus 5 _%. Shipping charges will be reimbursed. D. Hourly rate for specification development and other profhssional services$_�_Qnpper hour, E. HOUdy rate for hours of 8:00 a.m. to 5:00 p.m. during assignment to tile owners Emergency 0 Operations Center(EOC) excluding actual electrical/generator maintenance and repairs$-h 0 per hour, F. HOUrly rate for hours other than the hours as stated in item (E) above, during assignment to the U) owners Emergency Operations Center (EOC) excluding actual electrical/generator maintenance .2 and repairs $Baer hour. Note: There(ire no atlifitional costsfor shop,slip lies, fravel, mileage,meals, or lodging. 6. INDEPENDENTCONTRACTOR S ...................................................... 0 2 At all times for all purposes Linder this agreement the Contractor is an independent Contractor and not an I 0 employee of the Board Of COUnty Coin rn issioners for Monroe County, No stater vent contained in this agreernent shall be construed so as to find the Contractor or any of his/her employees, Sub-conn-actor(s), serkants. or agents to be employees of the Board of County Coin in issioners for Monroe County, 0 7. ASSURANCE AGAINST DISCRIMINATION E Contractor shall not discriminate against any person oil 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, pronloting, terminating. or any other area affecting employment Linder this agreement or with the provision ofservices or goods under this agreement. 3/24/20W 14 Packet Pg.403 8. ASSIGNMENT Contractor shall not assign or subcontract this agreement. except in writing and with the prior written approval of the Board of Count), 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 0 (L agreement. Unless expressly provided for therein, Such approval shall in no manner or event be deemed to 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, 0 ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those 2 M 0 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 r- immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess 0 proper licenses to perform work in accordance with these specifications throughout the term of this contract. 10. NOTICERFOUIR MENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage 0 (L prepaid,to the other party by certified mail, returned receipt requested, to the following: For Count With a copy to: Monroe County Fleet Management Pedro Mercado 3583 S.Roosevelt Blvd. Monroe County Attorney Key West, FL 33040 P.O.Box 1026 0 Key West, FL 33041-1026 For V. d 5-a-—Or 11. FUNDING AVAILABILITY In the event that funds from the Contract Services Operating Accounts are partially reduced or cannot be 0 obtained or cannot be continued at level sufficient to allow for the purchase of services/goods specified herein, 0 this agreement may then be terminated immediately at the option of the county by written notice of ten-nination delivered in person or by mail to the Contractor. 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 0 funds. 2 12. PROFESSIONAL RESPONSIBILITY E 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 3/24/2014 15 Packet Pg.404 responsibility for the services to be pro`ided. Continued funding b) the CowvtN is contingent upon retention of appropriate local. state, and/or federal certification and/or ficensure of Contractor. 1 PUBLIC EN'l"I'I"Y CRIME STATEMENT' .......................... A person or affiliate %%ho has been placed on the convicted Vendor list following as conviction f6r a public entitN 0 crime ma) not submit a proposal or bid on a contract to provide an), goods or services to a PUNic entity. rna- IL not submit a proposal or bid oil a contract with as public entity for the construction or repair of a public building or public `Mork. ma) not submit proposals oil leases or perform `%ork as a contractor, supplier, su bcon tractor, or consultant Linder a contract with an), public entity, and may not transact business with any public entity in 0 excess of the threshold amount provided in Section 287.0117. for CATEGORY TWO for a period of 36 months frorn the date of being placed on the convicted Vendor list. Category Two: $35,000.00 0 14� TERMINATION 2 0 If the Contractor Fails to fulfill the terins of this Agreement, or attachments, properly or on tirne, or otherwise r- violates the provisions of this Agreement, the County may terminate this Agreement upon 7 days written notice 0 to the Contractor. 'rhe 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. 0 15. BOOKS. RECORDS. AND DOCUMENTS Contractor shall maintain all books, records, and documents directly pertinent to performance tinder 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 0 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. U) 16. GOVERNING LAW. VENUE, INTERPRETATION Governing Law, Venue. Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the pa"s ofthe 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 tile 0 enforcement or interpretation of this Agreement, the Count) and Contractor agree that venue "ill fie in the 2 appropriate court or before the appropriate administrative body in Monroe County. Florida, 0 1 The County and Contractor agree that, in the event of conflicting interpretations of the terms or a 0 term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of an) other administrative or legal proceeding. E 17. SEVERABILITY If an) term. covenant. condition or provision of this Agreement (or the application thereof to an) circumstance I or person) shall be declared invalid or unenforceable to any extent b) a court of competent jurischction. the 3/24 20W 16 Packet Pg.405 remaining tern-is, covenants, conditions and provisions of this Agreernent, shall not be affected thereby: and each ronaininv term, covenant. condition arid provision of this Agreement shall be valid and shall be enforceable to the Fifflest extent permitted by Iaw unless the enforcement of the remaining terms. covenants. conditions and provisions of this Agreement %voidd prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform tile Agreement to replace any stricken provision with a T tl - valid provision that comes as close as possible to the intent of stricken provision. 0 (L I& Al-rORNEY'S FEES AND COSTS .................................. The County and Contractor agree that in tile event any cause of action or administrative proceeding is initiated or defended by any party relative to die enforcement or interpretation of this Agreement, the prevailing party 0 W shall be entitled to reasonable attorneys fees, court costs, investigative, and Offl-ol'-pocket expenses. as an award against the non-prevailing party, and shall inchide attornev's fees, Courts costs, investigative. and OLA-Of- 0 pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted purs'uant to this 2 0 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. 0 19. R.�.NDING EFFECT The terms, covenants, conditions, and provisions of this A.greernent shall bind and inure to the benefit of the a County and Contractor and their respective legal representatives, successors, and assigns. 0 20. AUTHORITY (L Each party represents and warrants to the other that the execiation, delivery and performance elf this Agreement have been duly authorized by all necessary County and corporate action, as required by law, 21. CLAIMS FOR FEDERAI.,OR STATE AID 0 Contractor and Count), 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. U) 22. ADJUDICATION OF DISPUTES OR DIS.&GREEMENTS CL County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by rneet 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 Board of Count) Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties. 0 then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 0 231. COOPER-A I ION 0 ........................................... 2 4i In the event any administrative or legal proceeding is instituted against either part) relating to the formation execution. performance, or breach of this Agreement.. County and Contractor agree to participates to the extent E required by the other party, in all proceedings, hearings, processes, meetings. and other activities related to tile 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. 3/24/2014 B7 Packet Pg.406 24. N 0 N D I S C R I M.INAIION Contractor agrees that there will be no discrimination against any person, and it is expressIN understood that upon a determination bN a Court of"competent jurisdicdon that discrimination has occurred. this Agreement 0 automatically terrnmates WHhout any further action on the part of an),party. effwive the date of the Court order. 0 IL 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 VI of the Civil Rights Act of 1964 15 (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. 1681­1683, and 1685-M6), i%hich 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 arnended (42 USC ss. 6 l 0 1-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office C, 0 and Treatment Act of 1972 (PL, 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 2 0 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-3), as arnended, relating to 0 confidentiality of alcohol and drug abuse patient records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrim i nation in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended fi-orn time to time, relating (D to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or 0 state statutes which rnay apply to the parties to, or the sub ect matter of, this Agreement. 0 IL 25. COVENANT OF NO INTEREST 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 Linder this Agreement. and that only interest of each is to perform and receive benefits as recited in this Agreement. 0 26. CODE OF ETHICS County agrees that officers and employees of the County recognize and wiH be required to comply with the standards of conduct for public officers and employees as delineated in Section I 12.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation,- misuse of pubhc position, conflicting employment or contractual relationship; and disclosure or use of certain information. 27. NO SOLICITAJ."ION/PAYMENT 0 The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any compan) or person, other than a bona fide ernployee working solely for it, to solicit or secure this Agreement and that it 0 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, cornniissaon, percentage. gift, or other consideration contingent upon or 0 resulting from the award or making of this Agreement. For the breach or violation of the provision. the Contractor agrees that the Count), shall have the right to terminate this Agreement without liability and, at its discretion. to offset from monies owed. or othcr%%ise recover, the fidl amount of such fee, commission. E percentage. gift. or consideration, 3/24 2M4 Packet Pg.407 2& P.UBLIC ACCESS Pursuant to Fiorida Statute §119,0701. Contractor and its subcontractors shall comply,with all public records laws of tile State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in 0 the performance of this Agreement. 0 (L (b) Provide the public with access to public records on the same terrors and conditions that Monroe County wotdd provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt flrorn public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer., at no cost, to Monroe County all pLiNic records in possession of the contractor upon termination of this Agreement and destroy an),duplicate pubHc t_1 0 records that are exempt or confidential and exempt from public records disclosure requirements. All records 2 0 stored electronically must be provided to Monroe County in a format that is compatible with tile information technology systems of Monroe County, 0 29. NON-WAIVER OF IMMUNITIES Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the (D Contractor in this Agreement and the acquisition of any cornmercial liability insurance coverage, selflinsurance coverage, or local government liability insurance proof cover-age shall not be deemed a waiver of immunity to 0 (L the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. J X PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from Saws, ordinances, and rules and pensions and relieff, disability, workers' compensation, and other benefits which apply to the activity of'officers, agents, 0 or employees of any public agents or employees of the County. when performing their respective Functions Linder 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. U) 31. L.E.GAL 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 ofactual and timely performance thereof by any participating entity, in %Vhich case the 1 0 pe6orniance 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 0 County. except to the extent permitted by the Florida constitution. state statute. and case law. 0 32. NON-RELIANCE IN NON-PARTIES 4j No person or entity shall be entitled to rely upon the terms. or any of them. of this Agreement to enforce or E attempt to enforce army third-party claim or entitlement to or benefit of any .service or program conternjplated hereunder. and the County and the Contractor agree that neither the County nor the Contractor or ally 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 tinder this 3 24 2W4 19 Packet Pg.408 Agreement separate and apart. inferior to. or superior to the community in general or for the purposes conternpWed in this Agreement. 31 AT-FESTATIONS Contractor agrees to execute such documents as the Count) may reasonably require. to include a Public EntitN 0 (L Crime Statenient, an Ethics Statement, and a Drug-Free Workplace Staternent. 34, 0 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of an) member, officer, agent or employee of Monroe County in his or her individual capacity, and no member. officer. agent Or 0 employee of Monroe County shall be liable personally on this Agreement or be Subject to any personal liabilit) 2 0 or accountability by reason of the exeCLVdOrl of this Agreemea 0 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 sauce instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 0 36. SECTION HEADINGS (L 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 wffl not be used in the interpretation of any provision of this Agreement. 3T MUTUAL REVIEW 0 ............. 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, U) 2 CL THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 0 0 0 2 E 3 24 2(fl4 Packet Pg.409 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four(4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (S EA L) BOARD OF COUNTY COMMISSIONERS 0 a. Attest: A HEAVILIN, CLERK OF Oh ROE COUNTY. FLOIDA By: .............. ....... By: ..................................................... Deputy Clerk Mayor/Chairman Date: .................................................................. ............................................................. 0 2 0 (SEA1.) CO3qTRAcrOR Attest: 0 By: B y: WIT E, Title: .. bC 5reA1'AWj 'ritie: I q� 6............. ............................ 0 (L By: W Ir'l rllq4 E—S' -—---- l'itle: 0 U) 2 CL 0 0 0 2 4i E 3/24/20 fl 4 2 Packet Pg.410 C.18.a PEON- OL1LALI Il1O AFFIDAVIT I" .w,m ................... ........ ..._..... .. .... _ ............._' 0 da............................................�,,. �,� dm� � �° � � ...� ...�._.._...__ .� " �aa°auaartdiiraa:a. taro d�aww enrr rmmro � aV`uhcea° sad"........... '� �,`� .w. . rraath,,and under taermaahy umd�du�r�uur'�',.depose and sm that, CL 71 Q d. am s.afthe d'drram of ................ the Nd der aaaaap 4iw the Pra posaall [br the d.rraropecl da ana ce"hed in the Nofice fior Caa&Il ng f6r bids fees°: � 0 and d tdum d ewc ute d the saki gmraaposaall ww kh g'trdN aauufltorelay t do so: 2, the prgr:e.s in thds hied have been aarTdwt d at independently w,wiithamart coHuusion.crrrasuudtaatdaara.a;tarinwrudtaatdtarr or agreement V'tar° 0 the purpose of restrlctlrag own»ru pedtdaaru, is to any matter rehadng; to suatrh prices with any other bidder- or ww"uth an � ctmrumpa°dtorg , sums ss offierwwwse required d h)° the prices Mda~h haa e dauaa;n tgautataaad elan this hid dmve not been Ilwraaawir gh, uddstdaawue d h) the hldider arid w'udd not knowing a he udds,llaa,se d by the bidder prior to hlud opening. tddrecfly or iinddrectl,v, to aarry other 3 bidder or to aans r:aaaamgme tdtaar.,and 0 CL tt" no attempt has been ummde or ww H he made h die bidder to dnduuce aanY other person. daaartaaertahida or corporation to.suabramlt, or not to submit.a6 bid for the purpose of re.strdt udradg a ompe miion." � 5. the statements contained in thus affidavit are true and correct. and made with fall knowledge that Monroe County relies Capon the truth of the Statements contained in this affidavit its awarding contracts flor said project. 0 .................. _..... .................................................................._.................................... ..... ._ ............................. dSd i a tyre off'[. rderd (Date) ca a) STATE OF: COLJNTY OF: Le _..................................................... ........._ ._.___..........._................................................................................... P IRS4NFe<d.,fl.YAPPEAUdlf~DBLFUR \Nt flIC Undersignedaa.urthemrBtw. ..... ( .�_.�� "ate wwhaa" afterfirst C 0 being?,sworn hgw"rmaa.d,rua nh.,,:ot`4adow"ddura t sognu ra y affir.e.od hk,her sdgnaatu.ure dra the space prow tided above on this_„ 'K " dau of .. � 20_ 0 "w u A VLVtV�a "°,�" V"huh rr qq pp,,RRp¶+ µp 113 ,........ B rc ter....NL................... ... waPka nimwuninnuu ni wwwmn��wuuucw ✓ """..'�" � My G`omrumiissdtaum IExp res ...... ........ Packet Pg.411 SWORN STA,rEMEN-ir UNDER ORDINANCL, No . 10-1990 ............➢.............. ............................................................................................. MONROIE COIJN..'F Ym FL 0 R 11 Q A., ETHICS CL.AUSE 'alga nts that he/il has not eimployed, relained 0 IL or otherwise had act on his/its behalf any former Couivy officer or emp�oyee in viiokiflon of' Section'-?of Ordinance No. 10.11990 or array County officer or erniployee hi vWafiori of C Section 3 of Ordinance No. 10-1990. For breach or vioiation of this prov siori flie Couinty rinay, in ils discretion, termiriate diis contract w4hout HaHlity and may ako, in hs discretion,. C 0 2 deduct from the confrad or purel'imse p6ce,or oflhcrwdse recover,the fuH amount of any fee, 0 coninflssion, percentage,gift.or consideration paid to the fomicir County officer or ernr0oyee, C 0 2 -2i Dat 0 L............................ ........................................................................................................ IL STAIT OF o c—�6-1 m ............................................................................................................................................................................................................................. COI JNTY OF ....................... ...—1.............. C 0 PER SONALL,YAPREAREID BIEFORIE MIE,flue Undersigned auffiority, C who. 2 ....... ..... after first being sworn by erne,affixed his/heir U) signature(name ofindividuall signing) in the space provided above on this day of CL 20 i'l C ............................. NOTARY did BILIC C My corinniksion expires: 0 S 0 0 OMB - MCP FORM#4 C 0 2 4i C 0 E m 3124/20114 231 Packet Pg.412 C.18.a 3 DRUG—FREE WORKPLACE FORM 'II`Vma ubrudersigned veindor 41 aaco r(tance whh i 1odda Smlueu 287.087 he.reiv� certifies fllal,: IL .._.................. ... ...... ... .af �' m o (Nanmv of IfBuuslrncss) 1. Publish an mattcnmen t amamttufa°lum#employees ttlmal die auralaaww fuul nnaurpalaac:uuare, a ktr~1bw'ion, dispensing., possession, or use ol'au controlled � salmsttancu is pramlmllalttcd in the workplace and spccllvy ng the acttiaons that w111 be taken aagrulnstt crmaarlu.wees for exlrwlaaalanins of saach � prmrlmlpmltticon. 0 2. linparnmu a mrmplcayces aalbr:uautt the dangers of"drub;abuse in the workplace. the buaslrmarss's 1 oficy col'tmm.an ualrung as drug-fine workplace. 0 any aa`=allable drug counselling, rehaul:mullttaafion, and eimplamyee assklance programs, and the penalties that amaa's be imposed upon � crnplcoycas fiv drum aaduuse%4daficoins. 0 5. (.3ive each cnnp9oyee engaged lrn prlovlding; the c onmmma,ocllttie:s cor coWra¢cttuaaml scrvo ces ulmatt are under paid as cop) of the sttaientent .� specified 41 Surinosccttlaarn(1). � as 4, In the statement specified wrm sunlbseefion(l). nanfih; the crnplamyccs dial.as a condition of"wworkind on the ce�orn modifi s eon•conrraac°ttuuaall � services that are under bid. the employee ww�lll abide 1py ttlmc ttcrMS m1'ttlmr sttare nera and ww111 nmfily the e mplover and any conviction of.or � pica of uaMv or nuollo conttcndcre,^to, any wrlamlatticpn ua9 ("hapier 895 (1^luorldau Sttattuattcs) or cap"any contro led suubsttance lawof die United 0 SwIcs or any state, 6amr as w"licolamttiimru Occurring in the wworlcplaace no latter than five(5)days after such ceonv cttlaan, IL 5. lumpease. a s<ancttocpn on, or, requaure the sadspac.ttory° participation 1n a drum abuse assistance or rehadlllttattion pro rani 1l'Suuclm 1s � aavaullaWe in the cnapmla,yeec s community,or any employee who is so co m Ictted. 6. Make a good 1'h1th effort to continue to unaaurmUin a drug-k'ee workplace through'i mplemerutatiaan ml"t1r6s section. � As ttlac person uauutlma 6zed to sign ttlme statement,➢ certtify that this firm complies CuuBly mwRh the above regWre me nts. 0 ca 1 1d ^¢ s s1 n�" ura U) ""=-- - 19 ....._.......... .........................................................................._......................_...........—__........... Date 3 0 ON113 -lw CP#5 0 5 24 2014 p,p Packet Pg.413 INSURANCE AGENTS STATEMENT I have revie%%ed the requirements %%ith the bidder nanied beio%%, The fiollo%%ing deductibles applN to tile corresponding Ipolicy. 0 CL POLICY DEDUCTIBLES 0(; 2b 62 62-1........... .......... 0 2 0 C Liability policies are Occurrence Claims Made 0 .................................................................. I n s di-M once ency Signature s-tx� 6p, ST J'A'I FA 1 , 0 CL BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirernents. C 0 A C Bi derSig t re U) C 0 0 C 0 2 4i C 0 E 3/24 2M..nr 23 Packet Pg.414 CREIMNIFIA IS MONIZOE COUNIFY BIDS ..............I-........................................................................ 0 IL CLIsaorner References- C�olllpg!2,y N4!n�, Phone Nhmiber, and Fillail Address 'V, ("ll GO Ef F, o k.''s i'/') L , (J �5 W7 T,(I z rr) q r �J t"7 ,b J A 0 Drvle 1" o"v(n c)r� 2 '. Nurn vi,oi 0 3 Servicel :Ichnucians Horne Base. Gty and ,13tate as IL Narne llonrte Base, City_ State. Jarnc CA, C4 A 0 I lome Base: City, Stale.-I Name -A�C, Las J Sla I Mine Bast, C 11`4ame V 1,1A 0 forne Base- CRY, slatc� 0 0 Attach copies ofi Applicable Degrees. Certifications. Ucenses. Training., and Experience E �,24 '014 Packet Pg.415 LOCATION: UNINI K%V-S tLh:jWRlF`1lO,S 'IANK SIZE KEY WEST KW Old Jail GENK%VOJL 2- CUMMINS 500FDR7116.1.1W 5((1 KWCourihowie 090 J24 3 8 500 Caterpillar 3412dik 2(XX) 0 KW Garage (Y)03/669 100 Kohler I OOROZJ 8 1 l 50 (L K\\'Gaiage 0903/071 150 K h i­ism?ri7j 101 150 KW Garage Fuel 0903/01 30 30ROZ1 115 Kt®'Garage 09O3/988 30 Spectrum 30DSEJ 1-1 KW Garage 0903/944 8O Spectrurn 80DSEJ 135 4) KW Truman School 1808/1013 20 Kohler 20ROZ,-JS SIN 332439 150 KW Harvey Center GENHARVC 50() Kohler500RO/_ I(N X)() 0 KW SiasbeeTranslator 25(X)/5930 33 Detroit Diesel 2(X) 2 KW Courthouse Chiller GENCHILL 275 General 4(00 0 KW Gain Bide. GENGATOB 6( ) Caterpillar I 0(X X) KW Freeman Bldg, GENFRMAN 750 Cuunnins Power Tied into 19 0 KW Big Coppitt Fire Station GENBCFST I(X) Kohler RX)ROZ KW Suvarloaf Fire Station GENSGLFS 25 Kohler 25ROZ 130 KW Cudjoe Sheriff Substation 0903/5929 80 Taylor Power Systems SIN 2076-4 200 KW Jail Admin Bldg 0903/986 80 Spectrum 8ODSEJ 135 4) KW Garage 0903/7046 5.5 Northstar GCAJT-1317635 1 gal 0 KW Garage 0903/70419 1 5.5 11 orthstarGCAJT-1303073 I gal (L KW Stock Island Fire Station GENSTIH 180 KOHLER 180REOZIF 2500 KW BAYSHORE MANOR 0903/670 150 Kohler 150ROZJ101 150 MARATHON MAR EOC 0903/5934 150 Detroit Diesel 15OKW 520 MAR Garage 1808/4477 15 Kohler 15ROZ 150 MAR garage Pori. 0903/5935 150 Detroit Diesel 520 0 MAR Big Pine Sr.Ctzn (MI/149 15 Kohler 15ROZ 150 MAR Bi-,Pine Fire GENBPKFS 180 18(JPIC13T 2500 MAR Levit Sr.Ctzn 0901/1205 15 Kohler 15ROZ SIN 339634 80 MAR West Surnmerland Translator GENWSMLD 60 Cummins Power 200 U) MAR Garage GENMARGA 100 Spectrum DDA 500 MAR Garage 0903/669 1(X) Kohler I(X)ROZJ71 150 MAR Airport Runway Lights GENMAAIR 80 KuhlerSOROEZJD SIN 2205S69 395 4) MAR Airport(in chiller room) GENMCHIL 180 Kohler I8OROZ581 S/N 352395 250 MAR A*)n Beacon GENMABCN 12 Guardian Plus Propane propane MAR Garage Fuel 0903/992 30 Spectrum 30DSEJ I 15 MAR Garage W03/993 81) Specirtun SODSEJ 135 0 MAR 63 St.GoVL(.enler 0903/054 100 Kohler power s)iiein 150 0 MAR EOC GENNIAEOC 180 Kohler 180ROZJ 10 1 1500 MAR EOC BACKUP O8I)315(49 170 TEREX T230 230 0 .MAR Sheriff Sub Station GENM SHE 60 Kohler 60ROZJS I 5(X) MAR Jail (OY902/5 11 -"(X) Taylor Power Symenis stir 20660 600 MAR Medical Examiner's OffiLC GENM EX 4b() Cummins 6001 MAR Long Key State Park'ro%keg GENLKSPT 25 Generac SIN 2067fW7 Proparie MAR Garage 09031985 80 Specu-turt 8ODSEJ MAR Garage 0903/7047 5.5 Northstar GCAJT-1303075 Packet Pg.416 MAR Garage 0903/57106 1(huxiac 15 K W 4450687 3-al al,p 7 A MAR Garage NO3/7712 175 �,C, ,5701 350 '0 15 MAR Garage 0903/7711 205 MNIG 20i 01 e �l 05 )D(,_ MAR Conch Kc) GENCOKFS 180 Detroit,Diesel 05 1 SODOSPA 1200 ur�'-funeral ral home S tin, eeg c e in BPK 1 4 0 DS FJ MAR Garaloe-funeral home in BPK 0903/990 40 ISpwrinn 40DSFJ 1 115 4) PLANTATION KEY 0 (L PK Garage 0903/067 100 Kohler l(_X)R0ZJ1Ul 150 PK Garage 0903/984 SO Spectrum SODSEJ 135 PK Garage 090087 30 Srx-Liruni 3ODSFJ 115 PK Garage 0903/989 40 Spectrum 40DSEJ 115 PK Garage M03/991 20 Spectrum 20DSEJ 115 PK Public Works Old Subsuaion Fuel W03/134 60 Kohler 500 PK Senior Citizen 1808/4838 15 Kohler,Yarimar SIN 339662 125 0 PK Courthouse GENPKCTH 325 Sanford,Onan en.-me 25ODFB2 2N)O 2 0 PK Ellis Bid- GENWELL 50 Kohler genset,Cummins engine 4BT3...( C 500 PK Card Sound Road"Coll Booth 3200/079 25 Kohler genset,Yarimar engine 4'rN84R-RK 500 0 PK Tavernier Fire Station 1437/492 60 Kohler 60ROZ 150 PK @ Magnolia-out of service 1404/058 50 Kohler 50ROZ)81/John Deere engine 200 PK Garage 0903/567 80 Cummins 6B'T59-GC 1 500 4) PK Roth Building/Sheriff Admin. GENPKSHR 670 Sanford/Baldor 1500 PK KL MM 100 Andros Rd..9we Tower GENKLAST 25 Cummins DKAF-5001107 SIN 1010286522 200 4) PK Murray Nelson Bldg. GENMRRAY 60 Kohler SIN 2224747 200 0 (L PK Garage 0903no48 5.5 Northstar GCAIT-1317605 5 gal 0 U) 2 0 0 0 2 4i E Packet Pg.417 C.18.a ALL P 4�,, WEB GENERROBSCORR WE SERVICE ALL BRANDS OF GENERATORS IL HISTORY LL POWER GENERATORS CORPORATION ESTABLISHED IN 2001 0 OWNERSHIP-50%OWNED BY EACH DIRECTOR JUAN GARCIA-(PRESIDENT) 5810 SW 196 LANE,SOUTHWEST RANCHES, FLORIDA 33332 RICARDO GARCIA-(PRESIDENT)8480 S.W. 32 TERR., MIAMI, FL. 3 155 E CURRENTLY HAVE 23 EMPLOYEES. THE GARCIA BROTHERS HAVE OVER 20 YEARS OF EXPERIENCE IN THE GENERATOR FIELD, 3 0 ALL POWER HAS NEVER FAILED TO COMPLETE WORK OR PROVIDE THE GOODS FOR WHICH IT WAS IL _ CONTRACTED. THERE ARE NO JUDGEMENTS,CLAIMS,ARBITRATION PROCEEDINGS OR SUITS PENDING OR OUTSTANDING AGAINST ALL POWER OR ITS DIRECTORS. ALL POWER HAS NOT BEEN A PARTY TO ANY LAWSUIT OR ARBITRATION WITH REGARD TO A CONTRACT FOR SERVICES,GOODS OR CONSTRUCTION SERVICES SIMILAR TO THOSE REQUESTED IN THE SPECIFICATIONS. ALL POWER HAS NEVER INITIATED LITIGATION AGAINST THE COUNTY OR BEEN SUED BY THE COUNTY IN CONNECTION WITH A CONTRACT TO PROVIDE SERVICES, GOODS OR CONSTRUCTION SERVICES. ALL POWER GENERATORS DIRECTORS WERE NEVER GENERAL PARTNER,OFFICERS,CONTROLLING SHAREHOLDERS OR MAJOR CREDITOR OF ANY OTHER ENTITY THAT FAILED TO PERFORM SERVICES OR FURNISH GOODS SIMILAR TO THOSE SOUGHT IN THE REQUEST FOR BIDS. CL 3 ACTIVE REFERENCES® BROARD COUNTY SHERIFFS BROWARD COUNTY ENVIRONMENTAL BURGER KING CINGULAR WIRELESS (AT&T) CITY OF MIAMI BEACH CITY OF MIAMI GARDENS CITY OF MIRAMAR CITY OF NORTH MIAMI BEACH CITY OF SUNRISE FLORIDA TURNPIKE MIAMI DADE COLLEGE MIAMI DADE COUNTY 9840 N.W.117 WAY 9 MEDLEY,FL I TEL:(3 ) - FAX:( )888-2090 Packet Pg.418 MIAMI DADE FIRE DEPT, TELEFUTURA TELEMUNDO TOWN OF DAVIE UNIVISION EIGHTY-NINE (91)CONDO'S AND CLIENTS UNDER CONTRACT 0 (L CREDIT REFERENCES: BARO HARDWARE MACHINES AND PARTS CORP. KW POWER SYSTEMS CORP. NAPA 0 2 0 0 (L CL 1� 0 0 0 2 E m 0 Packet Pg.419 C.18.a /A a l� e N r Cq IL a 0>. Z 04 Cd H -•-i W W 0 P:O m 0 014 -� to mz Q 0A rdd m W� O O" 3 tr � w�` c o a � �n -j LL o' u. � �° w, O M U) w Co N mo Q Hri W' qV,' 00 pq rn airW V W P4 Cn 004 `tea o td o ® 14 II f .0 N U Rvrq � Jr W H U OAS U1 U) � , A a w H w y x HW UH Ocn O 9H mo H� Kam�m 0, a N � J A H UU� ai azMr o®z N : H o oa4� cuna4 M U 14b h N ® .'v'wx° HaHa a� cv N wAVV aid wA v-H � n x �' ® PZOW Packet Pg.420 C.18.a 3 0 2014 details-Business Tax Account ALL POWER GENERATORS CORP-TaxSys- ___ Page l of 1 a� 0 Tax Collector Home Search Shopping Cart 0 2014 it - Business x Account ALL POWER Business i ax Account#91758 jjj Accountdetails Account history E12013 20121 ... 2005 3 Paid Paid Paid Paid Paid Account number: 91758 Owner(s) JUAN R GARCIA Business start date: 101 5 9841 NW 117TH WAY _ Business address: E T S MEDLEY,FL 3178 CORP Mailing address. J O CTY 9841 NW 11 7TH WAY WEST,KEY FL 33040 MEDLEY,FL 33178 Physical business location: MONROE COUNTY Receipts And Occupations Receipt 292 0- 17 8 Paid 2013-MG8$26.00 CL MOBILE 10/ 1/201 /3 01A Receipt#11 -1 -00 21 MOBILE Print Business Tax Receipt 0 0 0 2 Packet Pg.421 C.18.a a w IL j � . Co ¢ c,,E 6L ED WoO® j— ::®`® 00 :3 E ® J no � � 4q0 Z ® JILId(.3 J Yl LU e U) t/S CD > 3 �w LLJ ma: a) V m as T - rn c +rs-:5 , ai a 3 cn t— rn j5 to p �- LO ow ii 0 v= Co _' u, v r W. c ®vy • :3 uj w w vs d 888 p c O CL eL GE ® z O Z d 0 r Z U � a � w O ; mow pZ IL 0 Packet Pg.422 C.18.a ,AC ... IIII DAaa(�nr�IDDIrrv�rr) " U LIABILITY .. ... C)fn/Qt1f2CD 14 _.. _. _..........._....._............_........................................................................................................................................................................................................................................................................ TNOS CERTI119CATE D OSSUEkD AS AA DNA"D"'N'IER OF IIII`MFORMATiON ONLY AND CONIFERS NO RIGHTS UUIPCDIN "DHIIE CERTDIFD AT11:T HOLDER. THM CERTIFICATE DOES a No"tl` AC1JF0"DI IMATIVIIiiiLY OR NEGATIVELY AMEND, EXT11i.i.II40) OR ALTER THE COVERAGE AFFORDED BY THE P01-11 DE BELOW. " His CIERTIF11CATE OF INSURANCE DOES NOT' CONSTITUTE A CONTRACT BETWEEN 'THE lSSUIING NINSUIRE02(S), AOJTHC RlZED lREPRIE ENTAT11VE OR PRODUCER,AND"D`NUE CAERTIIF1 ATE HOLDER. IINYVPORTANT„ If the ceutpff'licate hoDder is an AUDDDIT113NA411...INSURED, the p olicy(Ues)must The endolrsed. If SUBROGATION IS ADVIEII:D,subject to the terms and conditions of the pao Ilicy,ceidaun policies may require an endorsenvelnt. A statement on ff is cerflficate does not confer rights to the 0 certificate holder On lieu of such endoDrsernent(s). PRODUCER � SONTACT � NAME. Eastern OnsUrance:Group PUUC°bNL FAX (.NC.NUU.Ext), (A IC,Nua)....... 9570 SW 107th ave. a-MAIL IL . %arni,F I. 33176 uN.wUUI LOR(�)A'6V IFO RDIING COVERAGE- NAUC 0 Tel: 305-595_3323 INSURER A:: 36dgef(e ld Ernp loya,ns Insurance Agency � AR IPower Generators Corp INSURER c � 9941 NW 117 Way UNsarRER Ira. IMe;dDey,IFL 33178 IINSUflRMI E a 305-888-0059 INSURER P. COVERAGES CERT1119CATE NU MIftER� RIEVD N0II4 NUMBER: ................................................... Ti IS IE TO C:ERTIIIV Y TO(AT THE F"CDLVCIE T OF INSURANCE LISTED BELOW II IAVE BEEN ISSUED To'n IE INSURED NAMED ABOVE FOR THE POLICY PERIOD BNrDIC;A"I'ELD. NOTi N1"4 t HS r`A:NDING ANY CBFwQUIREMEN r',TERM OR CONDI p ION OF ANY C ON7 RPoC 0'OR 0 J-HER DOCUMENT WITH RESPEc r TO WHICH H Td iIS CEER"r"VFIC;A'1E VARY BE ISSUED OR MAY PERTAIN, "liHE INSURANCE FtV:V:::C�R DED BY THE PCDI....IC;IEa DESCRIBED HEREIN IS U BJ'ECII TO ALL THE 'rERI S, EXCLUSIONS AND CONDITIONS x O SUCH PCDI IC IES LIMI l S SHOWN WIRY V dAVE BEEN REDUCED BY PAID CULAIM r. _...... NN IfR _.. �TkRUbflSL kPri�l r°&bII.VE'�I.U°U' Fgi:icy I:SUV" _ ......tllfU'IL OF UN:SU OMNClli I �" ..... IPCbN IIU�°NUaUWB,V��U_�..m.•(.UK�W9kV-N1f�W�LPsCVUBfU:UCa �"� . ...K B4Y�d'U ......... `� GENV'wU'S.AL ri..I�A'&U.RIII..UT°F EAC:6��6'OCCURRENCE I ... _ COMMERCIAL GEJ.NERAI LIABILITY PVtE61MIuE.;u TFa nrrUM-,!.;e) �$ _...._......._..__... _.._....._.._._. _........ .. _. ........_ CLAIMS-11AADE rv_..„OCCUR nMEE ECP(Awry one person) $ � _� 6�'EN'itYNAL b.AC7V IN d I RY .. .__.�........_ _ .. GEIAEV7A6 AGC�V LC`ATU C3f.NL AGGREGATE LIMIT APPLIES PER: PV'CC DUC"T�,S-Cd711NC/0P AGGk PRO— LOG ............................._... .........................................._................................................_.� ....................._... .....................................................................................w._............. AUTOMOBILE OJAMLWY C:;a.0MSI1,4ED TINGLE LIItABT' $ (U acxs 4arvCD ANY AUTO UDOML'A INJURY(Per flremon) $ ALL C&WNECU ,SC:HEDULECD U ODILY INJURY(Pei amident) $�._._ M .. AUTOS ABDYCSw _ ._ ._...NON PROPERTY DAMAGE � I UU E D AU"TOO AUTCa S (p�_r;s csU[Sa:b?C}.._ _._ __ UVtdBBIIRIELLA II.UAB tl'L CUR EAtCH OCCIDFRrRC:IVCE $ EXCESS U.VAVM A116ft;r-14AArJ i AGGV2C�:GATE ._._.. ... .. �� V:E D I RETE N r IGPN$ WORKERS COMPENSATION � TAUS N P Aa �°�(U�_s, .__ .. 6 WC SrATU O.T10• ...... m AtNY PROPVRUETORAPAFRTNEJEXECU nVE _ "_�.14.DF$Y k,VW91 T"wv.�......1.Y UC AND EMPILeDYE RS'LIIACRVLOTY A ,C)rV ICE Rtrfil-wBUiL R EXC LUnI:C7a 5141 (1000 0811312013 081/31201� u-p 4 AC Uk ACCPLYU IWT $ 1.040,090 (Mandatory fin NHV� $ 1,000,000 If yes,descfibe under 12 S aCDCD UU0 pE;3CVRIV�"'CICDrV CDV j �� C'PF&AT'ICDIVS ke;loraA E.L.rJI.�EE.A,sE��'..PC',DLIC;Y LGIUBUT $ � ........ .................................. ... ........ DESCRIPTION OF OPERATUC NS r LOC.A'W"ON,S r VEHICLES(Attach ACORD 101,AddItiona VRemau�llva Sche 9unIe Vr¢vine apace is u�eri ulued) Service;,relpalr avid In,stal0'generators&.electhcaG contractor, 0 I� 0 4i EDETUFD ATE H01I NDIERCANCEL[...ATION � SHOULD ANY OF TVCIV::ABOVE @U::,JC RIIIIRIf:IVD POLKAIIES BECANCELLED BEIFOORE THE EXP11RATION DATE THEIREOF, NOTICE WILII... BE VDELOVEIREVD IN Monroe County Board of County Commissioners ACCORDANCE WV'V't••R THE POLICY PROVISIONS. 1100 Sirnonton,34-eet,Room '1-213„Key West,D D. 33040 ............. ••............„ .• ...................... AUTII•O RI1Z EUa REPRESENTATIVE Bid: "Emergency Generator Inspections aria Repairs for Monroe Q:wnty,Flodda" ........ .,.... .... @ 1988-2010 ACORD CORPORATION. AQADD rights reserved, AC OIRIGD 25(2010105) The ACORD name and logo are registered Irnarks of A4C ORII0 Packet Pg.423 1,,---,W) 0 ....I............................. AC"R" yyyy� CERTIFICA I IIE 0111F LIA1111:31LITY INSURANCE 05108/2014 .........................................................—.—...................................................... ........... .................................................. THIS CERTIRCATE IS OSSUED AS A MATTER OF IIINFORIMAT0N ONLY A114D CONFERS NO RIGHTS UPON THE CERTflHCA"TE HOLDER. 111-flS CERTIFICATE DOES NOT AFRIfUMATWELY OR NEGATIVEILY AMEND, EXTEND OR ALTEIR THE COVERAGE AFF�ORDEND BY THE POLICIES M- :LOW. TH S CER'nF�CAT E OF INSUIRANCE DOES NOT CONSTiTUTE A CONTRACT BETWEI:.:.N 'rHE ISSUING lNSURER(S), AUTH=ZED REPRESENTATWE OR PROIDUCER,AND TFIE CERTIFICATE HOI DER. WPORTANT°• If t1he cerfificate hohler 7s an—ADDOfl6N' Ci�-4SUREID,t' e"..........p`-o 11 1 c y I e s),...........m ust be Endorsed. IIf SUBROGATION 0,':U WAIVED,subject to tine terms and coridWons of the poficy,ceftaln polkles unay reqWre an endorsement, A!staternent on tWs cerfificate does not confer rIghts to the cerfificate hokJer In Heilg of such endorsement(s). ..............................•.................................................. .............. PRODUCER CON NAPATACTE� o, PHONE FAX 0 tkivisfa Insurance C (AIC,.No, 7852 SW 24th SL E-MA�L IL ADDRESS Miami,Fl. 33178 MSURER(S)AFFORDING COVERAGE NAIC 0 15 305--266 9400 INSURERA: Mamurn Indemnity Company � INSURED MSILIRER B. Progress�ve Ins 0 All Power Generators Corp. r- INSURER C. 0 9841 NW 117 Way INSURER D W Med�ey,F1. 33178 WSURIER E. 305-888-0059 INSURER F; 0 COVERAGES CERTIFICATE NUIWBER� REVISION NUMBER: .......................................... ............ 0 HIS IIS TO CER�IF:Y THAI' TP IE 13011 ICIE:S OF: INSURANCE LISTED BELOW HAVE BEEN ISSUEF)TO THE INSURED NAMED ABOVE FOR THE PO11 ICY PERIOD INDICATED. NO f`WI THSTANDING ANY REQUIREMENT TERM OR CONDI I ION OF ANY CONTWkC F OR 011 iER DOCUMENT WITH RESPEC I' l 0 WHICH"FHP s CERTIFICATE MAY BE 6SUED OIR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJE,:CT TO ALL THE I-ERMS, EXCLUSIONS AND CONDI C IONS OF"SUCH POLICIES LIMII'S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 ADDL SUER II g)L I C Y E.F"V—.—P O-L I-EY RX P I Djyyy� POLICY NUMBER Y, LIMITS ............. ............................................................................................ GENERAL LIABILn"Y EACH OCCI.IRRENCE $ 1,000,000 -1-1-.... .... ............................... X COMMERCIAL GENERAL LAABRATY 100,000 ................. A---........................ ate CLAINI&MADE OCCUR 1 5,000 n) A y B0OG0072802 02 02112/2014102/12/2015 pERSONAL&ADVINJU Ll 1,000,000 ............................... 0 $ 2,000,000 IL ..... ...... ..................-- .2EN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPiOPAGG S 1,000,000 O- �PR < �CY LOC $ AUTOMOBILIE UAMILITY COMBINED SINGFE-131M—ff ........... ANY AU11 0 BODILY lN.IURY(Peg pmon) SCHI:OULED m $ ALL OWNED BA090000002663 1029/2013 '10/2912014 BODILY INJURY(Per arxidenl) $ 1,000,000 AUTOS A ROPERTY DAMAGE 1,13106, — 0 14'�.-'MS08W N E 0 ....................11.................... ......................... HIREDAUrOS AUTOS I $ .................................................................... .....• ......... X UMBRIIELLA LIAI!1 OCCUR EACH OCCURRENCE J$ 1,000,000 EXCESS LIAB �31)G(3072802-02 02/12/2014 02/1212015 A CLAIMS±M�ADE AGGREGATE .................................................... ............................................. WORKERS COMPENSATION WC S rATU- yyCnThd U) AND IDIMPLOVERS'LIABOLOTY YIN ................... ANY PROPRIF.-.TOF-UPARTNEFVEXECUTIVE yMIA E.J. Cr.L.A.S.C.I.D..E.N.—T OFFICERIMEMBER EXCLUDED? ...................... NMandatovy In NII) plk..2!Eq Uns,degirdbe under D SCRIPTION OFOPERAT0NS below E.L.DrSEASE-POLICY UMIT 1$ ................... .................................................................................................. ....... ..... ............................................... ........... nESCVZU TIONOF:OP II'RA'r[ONS(C.00A7'IONSfVEVUCLES lAttachACORD101,AddRional Remarks Schedule,Wimore space Is uequiyed) 0 Service,repair and 4ista0p generators&eIectdcaI Contractor, Addifional Insured:Monroe County Board of County Cornimissioners. 0 0 2 CERTIFICATE HOLDER SANCELLATION E SHOULD ANY OF THE ABOVE DI'ESCMBED P011 IMES BE CANCELLED BEFORII E THE EXPIRATION DATE TH IREOF, NOTICE WILL IBE DEI IVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS, 1100 Simonton Street,Room 1-213,Key West,1 I. 33040 ..........................................•................ AUTHORtZE11)RIEPRIESIEN7ATIVE Bk m:I: "Emergency Generator Inspections and Repairs for Monroe County,Florida" ............ ........... C7 988-2010 ACORD CORIPORAT0114. A111 H its reserved,, ACORD 25(20-10105) the ACORD narne and Oogo are registered marks of ACORD I Packet Pg.424 C.18.a ., ✓4, f { r iyn3 // IG 'r!/. 1"/ )Girrry,/.V Jf/f-Y r n ,; 4 NJi""U nrb r, „err „ ,Gr;, rN.JUr , 1 �(r m wN �u �u m S w�a Nw n ✓ r r a r ''� �% m," r r; l r v -✓f ,i„9 r„ II r „i aY. :, „n'�IYm„u,,.f °i.l "r"�;,d k" 7sJr,!„:l('7° r„.: I, fl lei i S,J!I ` /..I� vxrn� +)n,,:.uC r!�,f'd a f� r P�� f I,Ji,v r m :.y rr d'a"i.:.'N d!� rr-,'�II�V tu, „„: t r r h A Eglr � � r r �r� d✓i� ✓p rn����� fix �r'&r:�� IIY �� lm' � r � t�. � ✓ N;(I�ISC" "r�. r�� rA � * ILrrd p rM �N , 1 1 ayb'i. t�I G certify frt the records this fficth t At,L PO F.°.., FlXrORSCORP is 0 tj corporatson organized tinder the laws of ffie State of F`lorida, filed on "The, dommirient number of s corporation is P01000077189. � a I further cell i ��i�t said i ���r�.ti���� ��I� �� ��t end f �� a��re tUiiW.rs office tt�Al° �� wW I furtheir cerfify that said orpo t tiox-i has not filed Articles of DiSS0kJfi0fI. lr (ry ° n, , Givef-i under my h uid arid Great Seal of the State of Florid "r Seventh gy , t� U Ustp 2001 � W��✓ f "i u,' r 1r " ++ / r 91 ro / �/d f �� r r, mrrl✓ y s ti v fA' daf�a"s /! 7 a '� r r r r f (4, ((P !!r. 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COL qb 19 11 00 all 'a .'q P-4 'Ew C.18.b MONROE COUNTY FLEET MANAGEMENT BID SPECIFICATIONS EMERGENCY GENERATOR INSPECTIONS 0 AND REPAIRS MONROE COUNTY, FLORIDA 0 0 19 23 ,III) S i8 F � T � CpUNTv 1N �r � BOARD OF COUNTY COMMISSIONERS 2 Mayor Sylvia J. Murphy, District 5 Mayor Pro Tem, Danny L. Kolhage, District I Michelle Coldiron, District 2 Heather Carruthers, District 3 David Rice, District 4 COUNTY ADMINISTRATOR ROMAN GASTESI CLERK OF THE CIRCUIT COURT ASSISTANT COUNTY ADMINISTRATOR KEVIN MADOK KEVIN WILSON May 2019 Prepared By: Roy Sanchez, Director of Fleet Management May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 1 Packet Pg.437 C.18.b TABLE OF CONTENTS Page Notice of Request for Competitive Solicitation 3 Instructions to Bidders 4— 10 a Bid Form(s) 11— 12 Draft Contract 13 —37 � as 0 0 N a� May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 2 Packet Pg.438 C.18.b NOTICE OF REQUEST FOR COMPETITIVE SOLICITATION NOTICE IS HEREBY GIVEN that on Wednesday, July 3, 2019, at 3:00 P.M., the Monroe County Purchasing Office will receive and open sealed responses for the following: EMERGENCY GENERATOR INSPECTION AND REPAIRS MONROE COUNTY, FLORIDA 3 Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at: www.floridapublicnotices.com, a searchable Statewide repository for all published legal notices. 'D Requirements for submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR www.monroecou com or call toll-free at 1-800-711-1712. The Public Record is available at the Monroe County Purchasing Office located in the Gato Building, 1100 Simonton Street, Room 2-213, Key West, Florida. 0 All responses must be sealed and must be submitted to the Monroe County Purchasing Office. Publication Dates Citizen: Wed., 05/29/19 Keys Weekly: Thur., 05/30/19 News Barometer: Fri., 05/31/19 CL CD cu May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 3 Packet Pg.439 C.18.b SECTION ONE: INSTRUCTION TO BIDDERS The bidder(s) awarded a contract shall provide the following to Monroe County (also referred to herein as "Owner"). 1. DESCRIPTION & SPECIFICATIONS: n GENERAL: 3 This project requires the furnishing of all labor, materials equipment, tools load bank transportation,p J q g services, and incidentals, and the performance of all work necessary in accordance with the specifications entitled: EMERGENCY GENERATOR INSPECTIONS AND REPAIRS MONROE COUNTY, FLORIDA 0 A. Annual inspections of approximately Seventy (70) 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 2 include electrical load testing. Proposed inspection checklists must be included in M It- Contractor's proposal. Emergency inspections and repairs will be required at the County's N Upper, Middle and Lower Keys Facilities in Monroe County and at South Florida locations E as directed by the County. as 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. U) C. Emergency repairs of all generators and transfer switch equipment; The Contractor shall be E available 24 hours per day, 365 days per year. The Contractor shall be on site of any Emergency 2 Generator malfunction within four(4)hours of verbal notification by the Owner. D. The Contractor's technicians shall report to the Owner's Emergency Operations Center (EOC) a� within four (4) hours of verbal notification and remain on site available to Owner immediately M following an emergency, declared by Owner. a E. If the Contractor feels that a unit is not economically repairable, the Contractor may submit an .co ® 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. The cost for the replacement, will be considered an "additional service" under the a contract. E 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 the Contractor's cost of the 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 $100.00 of the cost billed to the May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 4 Packet Pg.440 C.18.b County. Receipts, invoices, or other acceptable proof of contractor's original purchase must be attached to all work orders for parts exceeding $100.00. 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 will require services under this emergency Generator Inspections and Repairs contract. The County's generator inventory a will always be subject to change due to surplus deletions, additions, transfers, movement, etc. a� 3 2. COPIES OF BID DOCUMENTS c A. Only complete sets of BID Documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of BID Documents may be obtained in the manner and at the locations stated in 5 the Notice of Request for Bids. 2 0 3. STATEMENT OF BID REQUIREMENTS 0 2 I. The awarded Contractor will be required to provide a State of Florida licensed electrician as c) 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 E awarded Contractor and electrician will be required to provide related documents, credentials before contract documents are executed. 0 J. Proposal / Bid Form items number one (L) and number two (2.); Labor for Repairs should be U) construed as labor for repairs, major PM, inspections, etc. (Flat rate labor charges will not be 0 accepted.) U) K. Specifications Contact: Roy Sanchez, Director 2 Monroe County Fleet Management a� 3583 South Roosevelt Boulevard Key West, FL 33040 305-292-3572 Sanchez-Roykmonroecounty-fl.gov L. Contact: Edward Lowe Monroe County Fleet Management 3583 South Roosevelt Boulevard 0 as Key West, FL 33040 305-292-3636 c� Lowe-Ed( o roeco t- .gov All submissions must remain valid for a period of ninety (90) days from the date of the deadline for submission. The Board will automatically reject the response of any person or affiliate who appears on the convicted Contractor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute(1989). May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 5 Packet Pg.441 C.18.b Once completed, the Bid package will be presented to the Monroe County Board of County Commissioners for review and approval to award bid. 4. DISQUALIFICATION OF BIDDER A. NON-COLLUSION AFFIDAVIT: Any person submitting a Bid in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the Bidders, the Bids of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future Bids for the same work. a. B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted Contractor list following a conviction for a public entity crime may not submit a Bid on a 0 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 leases or perform work as a contractor, supplier, subcontractor, or consultant ro- under a contract with any public entity, and may not transact business with any public entity in 2 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 Contractor list. Category Two: $35,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his Bid. E Failure to complete this form in every detail and submit it with the proposal or Bid may result in immediate disqualification of the bid or Bid. r D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid in U) response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF r- INTEREST CLAUSE and submit it with his proposal or Bid. Failure to complete this form in every detail and submit it with the bid may result in immediate disqualification of the proposal or Bid. 5. EXAMINATION OF BID DOCUMENTS as A. Each Bidder shall carefully examine the BID and inform himself thoroughly regarding any and a� all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the bid. Ignorance on the part of the Bidder shall in no way relieve him of the obligations and responsibilities assumed under the bid. B. Should a Bidder find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the County. 6. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any Bidder as to the meaning of the bid documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of responses will be given consideration. Written inquiries should be sent to Roy Sanchez, Director of Monroe County Fleet Management, 3583 S. Roosevelt Blvd., Key West, FL 33040 or faxed to (305)292-3529. Responses will be issued by addendum up to five (5) business days prior to the bid opening date. All such changes or interpretation will be made in writing in the form of an addendum May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 6 Packet Pg.442 C.18.b and, if issued, shall be posted on DemandStar and a notification will be furnished by DemandStar to all known prospective Bidders listed as planholders prior to the established Bid opening date. Each Bidder shall acknowledge receipt of such addenda in his Bid. In case any Bidder fails to acknowledge receipt of such addenda or addendum, his response will nevertheless be construed as though it had been received and acknowledged and the submission of his response will constitute acknowledgment of the receipt of same. All addenda are a part of the bid documents and each Bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each Bidder to verify that he has a received all addenda issued before responses are opened. a� 3 7. GOVERNING LAWS AND REGULATIONS The Bidder is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. Knowledge of license requirements for Monroe County and municipalities within Monroe County are the responsibility of the Bidder. 0 8. PREPARATION OF RESPONSES c 0 Signature of the Bidder: The Bidder must sign the response forms in the space provided for the signature. If the Bidder is an individual, the words "doing business as or"Sole Owner" 2 must appear beneath such signature. In the case of a partnership, the signature of at least one of the m partners must follow the firm name and the words "Member of the Firm" should be written beneath such N signature. If the Bidder is a corporation, the title of the officer signing the Response on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted. The Bidder shall state in the response the name and address of each W person having an interest in the submitting entity. U) 9. SUBMISSION OF RESPONSES Interested firms or individuals shall submit a total of four (4) complete sets of bids, two (2) signed originals and two (2) complete copies, in a sealed envelope clearly marked on the outside, with the Bidders name and "Sealed Bid — Emergency Generator Inspections and Repairs for Monroe County, Florida". If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to Monroe County Purchasing Department, 1100 Simonton Street, Room 2- 213, Key West, FL 33040, on or before 3:00 P.M. local time on July 3, 2019. Faxed or e-mailed Bids shall be automatically rejected. c� 10. CONTENT OF SUBMISSION The Bid submitted in response to this Request for Bids (BID) shall be printed on 8-1/2" x 11" white paper and bound or stapled; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Responses shall be a organized as indicated below. The Bidder should not withhold any information from the written E response in anticipation of presenting the information orally or in a demonstration, since oral 0 presentations or demonstrations may not be solicited. Each Bidder must submit adequate documentation to certify the Bidder's compliance with the County's requirements. Bidder should focus specifically on the information requested. The following information, at a minimum, shall be included in the Submittal: May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 7 Packet Pg.443 C.18.b A.County Forms and Licenses Bidder shall complete and execute the forms specified below and found at the designated pages in this BID. Forms Submission Response Form Lobbying and Conflict of Interest Clause Non-Collusion Affidavit Drug Free Workplace Form a. B. The Following Information (1) A list of the person's shareholders with five (5)percent or more of the stock or, if a general partnership, a list of the general partners; or, if a limited liability company, a list of its members; 0 (2) A list of the officers and directors of the person; 2 0 (3) The number of years the person has been operating and, if different, the number of years it has been providing the services, goods, or construction services called for in the bid specifications (include a list of similar projects); 2 (4) The number of years the person has operated under its present name and any prior names; M (5) Answers to the following questions regarding claims and suits: N a. Has the person,principals, entity, or any entity previously owned, operated or directed by any E of its officers, major shareholders or directors, ever failed to complete work or provide the goods for which it has contracted? (Please indicate Yes or No. If yes,provide details.) b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the person,principal of the entity, or any entity previously owned, operated or directed U) by any of its officers, directors or general partners? (Please indicate Yes or No. If yes,provide r_ details.) a� c. Has the person,principal of the entity, entity or any entity previously owned, operated or u, directed by any of its officers, major shareholders or directors, within the last five(5) years, been a party to any lawsuit, arbitration or mediation with regard to a contract for services, goods or construction services similar to those requested in the specifications with private or public entities? (Please indicate Yes or No. If yes,provide details.) d. Has the person,principal of the entity, or any entity previously owned, operated or directed by any of its officers, owners,partners, major shareholders or directors, ever initiated litigation against the county or been sued by the county in connection with a contract to provide services, IL goods or construction services? (Please indicate Yes or No. If yes,provide details.) e. Whether, within the last five (5) years, the owner, an officer, general partner, principals, controlling shareholder or major creditor of the person or entity was an officer, director, general Iu- partner,principal, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for bids (Please indicate a Yes or No. If yes,provide details.); E f. Customer references (minimum of three); g. Credit references (minimum of three); and h. Financial Statement for the prior three years for the responding entity or for any entity that is a subsidiary to the responding entity (Please mark as "Confidential" to exercise exemption from Public Disclosure under F.S. 199.071(1)(c). The County shall incur no liability for inadvertent disclosure of financial records that are not properly marked); and May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 8 Packet Pg.444 C.18.b i. Any information that may be requested by the county department involved in soliciting the bids related to the financial qualifications, technical competence, the ability to satisfactorily perform within the contract time constraints, or other information the department deems necessary to enable the department and board of county commissioners to determine if the person bidding is responsible. The department requesting the submission of bids and the OMB director must make sure that all bid a solicitations request the information required by this subsection 2-347(h), Monroe County Code. The department requesting the bids must evaluate the information received, and then prepare a recommendation to the board of county commissioners for each of three (3)lowest bidders as to whether ao the lowest bidder is responsible in the view of the information received. 11. MODIFICATION AND WITHDRAWAL OF BIDS/RESPONSES Written modification will be accepted from Bidders if addressed to the entity and address indicated in the Notice of Request for Competitive Solicitations and received prior to Bid due date and time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with the Bidders 2 name and "Modification to Bid — Emergency Generator Inspections and Repairs for Monroe County, Florida." If sent by mail or by courier, the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Request for Bids. Faxed or 2 e-mailed modifications shall be automatically rejected. Bids may be withdrawn in writing only and must m be received prior to the time of the opening. Withdrawn bids may be resubmitted up to the time designated for the receipt of Bids provided that they are then fully in conformance with these E Instructions to Bidders. a� 12. RESPONSIBILITY FOR RESPONSE U) The Bidder is solely responsible for all costs of preparing and submitting the response, regardless of r_ whether a bid award is made by the County. U) 13. RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened. Bidders names shall 0 be read aloud at the appointed time and place stated in the Notice of Request for Competitive Solicitations. Monroe County's representative authorized to open the responses will decide when the specified time has arrived and no responses received thereafter will be considered. No responsibility M will be attached to anyone for the premature opening of a response not properly addressed and identified. Bidders or their authorized agents are invited to be present. 14. DETERMINATION OF SUCCESSFUL BIDDER The bid shall be awarded to the lowest, conforming, responsible bidder as determined by the County. a The County reserves the right to reject any and all responses and to waive technical errors and E irregularities as may be deemed best for the interests of the County. Responses that contain modifications, are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply in every respect with the Instruction to Bidder, may be rejected at the option of the County. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 9 Packet Pg.445 C.18.b 15. BID PROTEST PROCEDURES Any Bidder/Respondent/Proposer who claims to be adversely effected by the decision or intended decision to award a contract shall submit in writing a notice of protest which must be received by the County within seventy-two (72) hours or three (3) business days, whichever is less, after the posting of the notice of decision or intended decision on DemandStar or posting of the notice of decision or intended decision on the BOCC's agenda, whichever occurs first. Failure to timely protest within the times prescribed herein shall constitute a waiver of the ability to protest the award of contract, unless it a is determined that it is in the best interest of the County to do so. A formal written protest may be submitted in writing and must be received by the County Attorney's Office seventy-two (72) hours or three (3)business days prior to the Board of County Commissioner's meeting date in which the award of ao contract by the Board of County Commissioners will be heard. The only opportunity to address protest claims is before the Board of County Commissioners at the designated public meeting in which the agenda item awarding the contract is heard. In accordance with the Rules of Debate as set forth in the 0 Monroe County Board of County Commissioners Administrative Procedures, the Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk with his/her name and residence prior to the agenda item to award the contract being called in order to preserve their opportunity to be heard on this matter. An individual has three (3) minutes to address the Commission 2 0 and a person representing an organization has five (5) minutes to address the Commission. The Board of County Commissioners decision to award the contract is final and at their sole discretion. a� May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 10 Packet Pg.446 Iff-lem'SUISM 44UOW 04 WOW) 6W sal cis pue sulopoodsul jo;ejeueo e6eped PM ;jeja :;uewqoe;4v ti co 7 ci a. 4) r. CL C.) co I E (a (L ae. m M m a, cn at IS om q g. 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'T 00 In 14 Ln ui CL CL c g • In In NN ,qRse-4 m 10 0 0 0 a -.) D D D r4 -b In In 0 0 X In :i 0 U .7 Q' 11.6 Dz w Kr le z z z z z z co co sur -I W F. I* n > Ul N PR 0 F1 0 w n 0 0 w In W.- z 0 z Iu W u m 0 0 0 z - 0 abb 0 Z m Z Ne 'A u I rp M 8 IN z z z "I E I.0 U'I 10 U, w m 04 . . . C.18.b SECTION TWO: BID RESPONSE AND COUNTY FORMS SUBMISSION RESPONSE FORM PART I Emergency Generator Inspections and Repairs for Monroe County, Florida BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS c/o PURCHASING DEPARTMENT GATO BUILDING, ROOM 2-213 1100 SIMONTON STREET KEY WEST, FLORIDA 33040 a The undersigned, having carefully examined the specifications, bid and addenda thereto and other bid documents for: a� Emergency Generator Inspections and Repairs for Monroe County, Florida 0 in conformance with said specifications and other bid documents including Addenda issued thereto. 2 0 I acknowledge receipt of Addendum (a)No.(s) Delivery days. N I have included: o The Submission Response Form Parts I and II o Lobbying and Conflict of Interest Clause Form o Non-Collusion Affidavit o Drug Free Workplace Form U) o Vendor Certification Regarding Scrutinized Companies Lists r- U) (Check mark items above, as a reminder that they are included.) Company Name: Mailing Address: Telephone: a� Fax: Date: Signed: Witness: Name: (SEAL) c� Title: Applicable License(s)Number: Federal I.D. 4 Type: May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 11 Packet Pg.451 C.18.b SUBMISSION RESPONSE FORM PART II The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: EMERGENCY GENERATOR INSPECTIONS AND REPAIRS n And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations a. affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with said specifications, and other contract documents including addenda issued 0 thereto. 1. Labor for repairs — normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $ per hour, mechanic 2 0 per hour, helper per hour, mechanic plus helper 2 2. Labor for repairs — overtime rate for hours other than the normal working hours as stated in item 1 M above, including holidays: $ per hour, mechanic per hour, helper per hour, mechanic plus helper 3. Replacement parts: U) Cost plus % r_ 4. Rate for specification development/other professional services, excluding Generator maintenance and U, repairs: $ per hour 2 5. Rate for technician hours of 8:00 a.m. to 5:00 p.m. during assignment to the owners Emergency Operations Center(EOC) excluding actual Generator maintenance and repairs: $ per hour 6. Rate for technician hours other than the hours stated in item 5 above, during assignment to the owners Emergency Operations Center(EOC), excluding actual Generator maintenance and repairs: M $ per hour Note: There are no additional costs for shop supplies, travel, mileage, meals, or lodging. E The Contractor's request for payment must itemize each of the costs stated above. Bidder's Name: (Print) (Signature) May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 12 Packet Pg.452 C.18.b SECTION THREE -DRAFT CONTRACT EMERGENCY GENERATOR INSPECTIONS AND REPAIRS MONROE COUNTY, FLORIDA THIS AGREEMENT, made and entered into this day of 2019, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter, the"owner"), and (hereinafter, the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. DESCRIPTION/SCOPE OF BASIC SERVICES 0 This project requires the furnishing of all labor, materials, equipment, tools, load bank, 2 transportation, services, and incidentals, and the performing of all work necessary in accordance with the Contract Documents which consist of this agreement, Insurance requirements, Bid Documents and Contractors bid response and addenda issued prior to execution of this Agreement and specifications 2 entitled: C) EMERGENCY GENERATOR INSPECTIONS C14 AND REPAIRS MONROE COUNTY, FLORIDA A. Annual inspections of the approximately Seventy (70) 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 2 electrical load testing. Proposed inspection checklists must be included in Contractor's proposal. Emergency inspections and repairs will be required at the County's Upper, Middle U) and Lower Keys Facilities in Monroe County and at South Florida locations as directed by the E County. B. Routine repairs; the Owner is responsible for routine repairs and maintenance, but may approve the a Contractor or others to perform these repairs on a case-by-case basis. The Contractor will submit 0 inspection reports identifying needed repairs. The Owner may perform or assist with all routine M and/or emergency repairs. a 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 technicians 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 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 13 Packet Pg.453 C.18.b replacement. The cost for the replacement, will be considered an "additional service" under the contract. 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 3 not exceed more than $100.00 of the cost billed to the County. Receipts, invoices, or other ao acceptable proof of contractor's original purchase must be attached to all work orders for parts exceeding $100.00. 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 will require services under this emergency Generator Inspections and Repairs contract. The County's generator inventory will 2 always be subject to change due to surplus deletions, additions, transfers, movement, etc. 0 I. The Contractor will be required to provide a State of Florida licensed electrician as required for load E testing, load banking and/or electrical repairs including, but not limited to transfer switch repairs, M back up portable generator installation and diagnoses. Additionally, the Contractor and electrician will be required to provide related documents and/or credentials for all work performed and as requested by the County. a� J. Labor for Repairs should be construed as labor for repairs, major PM, inspections, etc. (Flat rate labor charges will not be accepted.) U) K. Additional Services: Additional Services are not included in the Description/Scope of Basis Services Above. If Additional Services are required, the COUNTY shall request for the Contractor to provide a fee U) estimate or proposal, or the Contractor may prepare an estimate as set forth in Section E above if the E repair work is considered uneconomical. Any estimate or proposal submitted shall be in accordance with the Payment/Compensation rates and fees set forth herein. Only after receiving an amendment (if required by the County's Purchasing Policy) and/or a notice to proceed from the County, shall the 5 Contractor proceed with the Additional Services. 2. TERM OF CONTRACT a A. This contract shall be for a period of One (1) year commencing upon the day in which it has been executed by both parties. B. Monroe County shall have the option to renew this agreement after the first year for Three (3) additional two (2) year periods. E 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 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 14 Packet Pg.454 C.18.b 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, a 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 Contractor. The County shall not in any form, defend, indemnify, and/or hold Contractor ao 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: 2 0 A. General Liability—include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability N • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit U) r_ If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; 2 $300,000 per Occurrence; and $50,000 Property Damage. U) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made Policy, its 0 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 2 c� 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 a If split limits are provided, the minimum limits acceptable shall be: $200,000 per Person; $300,000 per Occurrence; and $200,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 15 Packet Pg.455 C.18.b 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 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 ao the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, w 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. 0 2 0 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/COMPENSATION RATES AND FEES N 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 $ per hour mechanic $ per hour helper. U) r- B. Labor for repairs — overtime rate for hours other than the normal working hours as stated in item (A) above, including holidays, $ per hour mechanic $ per hour helper. U) C. Replacement parts —purchase price plus %. Shipping charges will be reimbursed. D. Hourly rate for specification development and other professional services $ per hour. E. Hourly rate for hours of 8:00 a.m. to 5:00 p.m. during assignment to the owners Emergency M Operations Center(EOC) excluding actual electrical/generator maintenance and repairs $ 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 $_per hour. E 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 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 16 Packet Pg.456 C.18.b 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, a terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. a 8. ASSIGNMENT CONTRACTOR shall not assign or subcontract this agreement, except in writing and with the prior written w 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 00 provision of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be 2 deemed to 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 N In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all statutes, E 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 W 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 r- this contract. 0 0 0. U) 10. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,postage a� prepaid, to the other party by certified mail, returned receipt requested, to the following: For County: With a copy to: Monroe County Fleet Management Christine Limbert 3583 S. Roosevelt Blvd. Monroe County Attorney Key West, FL 33040 P.O. Box 1026 ®o Key West, FL 330414026 For Vendor: 11. FUNDING AVAILABILITY In the event that funds from the Contract Services Operating 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, May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 17 Packet Pg.457 C.18.b 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 CONTRACTOR. 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 CONTRACTOR 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 ao assume professional 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 0 A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity c 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, 2 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: $35,000.00 14. TERMINATION A. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for r- cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the a� CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this 5 agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds o remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for M damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to a- recoup monies paid under this Agreement, including the right to sue for breach of contract and including ®o the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2- 721 et al. of the Monroe County Code. B. If the CONTRACTOR fails to fulfill the terms of this Agreement, or attachments, properly or on time a or otherwise violates the provisions of this Agreement, the County may terminate this Agreement upon E five 5 Calendar 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. C. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) calendar days written notification to the CONTRACTOR. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 18 Packet Pg.458 C.18.b D. For Contracts of any amount, if the County determines that the CONTRACTOR/Consultant has submitted a false certification under Section 287.135(5), Florida 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. a E. For Contracts of $1,000,000 or more, if the County determines that the CONTRA CTOR/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the CONTRACTOR/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan ao List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the CONTRACTOR/Consultant written notice and an opportunity to 0 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. 0 2 0 F. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this 2 agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds m remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement The CONTRACTOR may cancel this Agreement without cause by giving the E COUNTY thirty (30) days written notice of its intention to do so. 15. MAINTENANCE OF BOOKS, RECORDS, DOCUMENTS AND RIGHT TO AUDIT CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each 0 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. 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 County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk'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 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 19 Packet Pg.459 C.18.b inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk 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 ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities a relating to this Project. If any auditor employed by the Monroe County or County 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 Section 55.03, F.S., a running form the date the monies were paid to CONTRACTOR. The right to audit provisions survives the termination of expiration of this Agreement. 16. GOVERNING LAW, VENUE, INTERPRETATION 0 Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in c accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 0 In the event that any cause of action or administrative proceeding is instituted for the enforcement or M interpretation of this Agreement, the County and CONTRACTOR agree that venue will lie in the appropriate N 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 aD 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. U) 17. SEVERABILITY U) 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 t each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be 5 enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, 0 conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this M 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. 32 18. ATTORNEY'S FEES AND COSTS The County and CONTRACTOR agree that in the event any cause of action or administrative proceeding is a initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing E 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, 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. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 20 Packet Pg.460 C.18.b 19. BINDING EFFECT 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 duly authorized by all necessary County and corporate action, as required by law. a 21. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal 0 and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each party.. 0 22. ADJUDICATION OF DISPUTES OR DISAGREEMENTS c 0 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 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. . This Agreement is not subject to arbitration. This N provision does not negate or waive the provisions concerning termination or cancellation. 23. 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 r- 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. c 24. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY as CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly 9 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 or COUNTY agrees to comply with all Federal and Florida statutes, and all local M 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 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 E (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-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 21 Packet Pg.461 C.18.b Act of 1968 (42 USC s. 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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination 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; 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. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity 30 Fed. Re 12319 12935 3 C.F.R. Part 1964-1965 Comp., 339), as amended by Executive pp tJ ( g p p Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and a implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal15 Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix H,¶ C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or 2 national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR 2 agrees to post in conspicuous places, available to employees and applicants for employment, notices to C) Ir- be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. Q 2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of E the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted a� by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information. 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the M agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ®o 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of r_ September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant E thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 22 Packet Pg.462 C.18.b other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a CONTRACTOR becomes involved in, or is a threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 25. COVENANT OF NO INTEREST 0 County and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, c 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 N County agrees that officers and employees of the County recognize and will be required to comply with the E 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 W compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. U) 27. NO SOLICITATION/PAYMENT U) The County and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any E 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 M its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. M 28. 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 E 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 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 23 Packet Pg.463 C.18.b 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) 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 0 service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the 0 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 N 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 00. U) public records contract provisions in accordance with the contract, notwithstanding the County's option and E right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A 2 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 sectionl 19.10, Florida Statutes. a� 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. a 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 CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 24 Packet Pg.464 C.18.b 29. 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 IMMUNITIES 0 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. 0 2 0 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES 0 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 'm law except to the extent of actual and timely performance thereof by any participating entity, in which case the N performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not E 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 U) 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. 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. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 25 Packet Pg.465 C.18.b 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 n Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is 3 agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of ao 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. 0 2 0 38. UNCONTROLLABLE CIRCUMSTANCES Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's 2 fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been M foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is U) declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, E_ changes in cost or availability of materials, components, or services, market conditions, or supplier actions or U) contract disputes will not excuse performance by CONTRACTOR under this Section. CONTRACTOR shall r- give County written notice within 7 days of any event or circumstance that is reasonably likely to result in y an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. E CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of E any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may only seek additional time at no cost to the County as the Owners Representative may determine. a� 39. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended, including but not :2 limited to: 39.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, a Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORs must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORs must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 26 Packet Pg.466 C.18.b determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also comply with the Copeland"Anti- Kickback" Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "CONTRACTORs and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or sub-recipient is a prohibited from inducing, by any means, any person employed in the construction, completion, or repair of15 public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) CONTRACTOR. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this contract. c 2 (2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any 0 subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to c include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. N E (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 39.2 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 39.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, E assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 39.4 Clean Air Act(42 U.S.C. 7401-7671c.) and the Federal Water Pollution Control Act(33 U.S.C. May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 27 Packet Pg.467 C.18.b 1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and sub grants of amounts in excess of$150,000. 39.5 Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive a Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 39.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) CONTRACTORs that apply or bid for an 0 award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it 2 0 will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are N forwarded from tier to tier up to the non-Federal award. 39.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items U) designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain r- the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired U) during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement c program for procurement of recovered materials identified in the EPA guidelines. Other Federal Requirements: a� 39.8 Americans with Disabilities Act of 1990, as amended(ADA)—The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. ®o 39.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The E DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 28 Packet Pg.468 C.18.b of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services, then,in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area a firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; a 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; 0 5. Using the services and assistance, as appropriate, of such organizations as the Small Business 2 0 Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. 39.10 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to N verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. U) 39.11 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors r_ acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, U) information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records 2 accounts, and other documents and sources of information related to the grant and permit access to facilities, 0 personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. c� 39.12 DHS Deal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. o0 39.13 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal a grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. E Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and CONTRACTOR. 40. FDEM CONTRACT REQUIREMENTS If this Agreement is funded by the Florida Department of Emergency Management(FDEM), The CONTRACTOR will be bound by the terms and conditions of the Federally-Funded Sub-award and Grant Agreement between COUNTY and the Florida Division of Emergency Management(Division). May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 29 Packet Pg.469 C.18.b The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. S THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 0 3 0 0 0 N a� May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 30 Packet Pg.470 C.18.b IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLOIDA 3 By: By: Deputy Clerk Mayor/Chairman Date: (SEAL) CONTRACTOR 0 Attest: c By: By: WITNESS Title: Title: N a� By: WITNESS U) Title: r- May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 31 Packet Pg.471 C.18.b NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath,and under penalty of perjury,depose and say that: 1. I am a� 3 0 of the firm of the bidder making the Proposal for the project described in the Notice for Calling for bids for: 3 and that I executed the said proposal with full authority t do so: 0 2. the prices in this bid have been arrived at independently without collusion,consultation,communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any 0 competitor; 0 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by 2 the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person,partnership or corporation to submit, or not to submit,a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that r- Monroe County relies upon the truth of the statements contained in this affidavit in awarding U) contracts for said project. c U) (Signature of Bidder) (Date) STATE OF: 0 COUNTY OF: cm c 19 IL 32 PERSONALLY APPEARED BEFORE ME,the undersigned authority, who, after first being sworn by me,(name of individual signing)affixed his/her signature in the space provided above on this day of_ 20 NOTARY PUBLIC My Commission Expires: May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 32 Packet Pg.472 C.18.b SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE warrants that he/it has not employed,retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of a Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also,in its discretion, as deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, 0 commission,percentage, gift, or consideration paid to the former County officer or employee. 0 0 (signature) .� Date: N a� STATE OF COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me, affixed his/her 0 signature (name of individual signing)in the space provided above on this day of 20 NOTARY PUBLIC My commission expires: OMB -MCP FORM 94 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 33 Packet Pg.473 C.18.b DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) IL 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will 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-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c 2 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 0 4. In the statement specified in subsection(1),notify the employees that, as a condition of working on the commodities or contractual E services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or C) plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United 9 States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. a� 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is CL aL available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. U) As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements. CL as U) Bidder's Signature Date 19 IL OMB -MCP45 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 34 Packet Pg.474 C.18.b VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: as Phone Number: Email Address: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135, 00 Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for W goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is c engaged in business operations in Cuba or Syria. 2 As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized 0 Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria. 1 understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County,if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature: U) Print Name: c Title: Note:The List are available at the following Department of Management Services Site: hlW://www.dms.li florida.com/btisinessoperations/state purchasing/vendor information/convicted suspended®discriminatory plaints vendor lists 0 19 32 May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 35 Packet Pg.475 C.18.b INSURANCE AGENTS STATEMENT I have reviewed the requirements with the bidder named below. The following deductibles apply to the a corresponding policy. 3 0 POLICY DEDUCTIBLES 3 0 0 0 Liability policies are Occurrence Claims Made N a� Insurance Agency Signature U) BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. 0 Bidder Signature May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 36 Packet Pg.476 C.18.b CREDENTIALS MONROE COUNTY FLEET GENERATOR BIDS 1. Customer References: Company Name, Phone Number, and Email Address a 3 0 3 0 2. Number of Service Technicians c 0 0 3. Service Technicians' Home Base, City and State N Name a� Home Base: City State Name Home Base: City State Name Home Base: City State a� Name Home Base: City State 4. Attach copies of. Applicable Degrees, Certifications, Licenses, Training, and Experience May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 37 Packet Pg.477