Item C11 C.11
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
June 17, 2020
Agenda Item Number: C.11
Agenda Item Summary #6934
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Roy Sanchez (305) 292-3572
n/a
AGENDA ITEM WORDING: Approval of Renewal and Amendment to Agreement to renew and
amend the current generator repair and assistance contract with All Power Generators Corp.
ITEM BACKGROUND: The Agreement with All Power Generators Corp provides for a two-year
renewal of the current contract, which the County seeks to exercise in the Renewal and Amendment
to the Agreement. The Agreement may be utilized in the event of a declared state of emergency and
may be funded by the Florida Department of Emergency Management(FDEM)through a Federally-
Funded Sub-award and Grant Agreement, which requires for records to be maintained for a period of
5 years from the submission of the final expenditure report and therefore Paragraph 15- Maintenance
of Books, Records, Documents and Right to Audit will be amended to reflect that requirement. This
Renewal and Amendment to Agreement will extend the current agreement for an additional 2-year
period, beginning August 21, 2020 and revised paragraph 15 as noted above. The current contract
with All Power Generators Corp was approved at the BOCC meeting on August 21, 2019.
PREVIOUS RELEVANT BOCC ACTION: In accordance with paragraph 2 (B) of the current
contract, "Monroe County shall have the option to renew this agreement after the first year for
Three (3) additional two (2) year periods.
CONTRACT/AGREEMENT CHANGES:
Contract Renewal
STAFF RECOMMENDATION: Approval from the Board- as requested.
DOCUMENTATION:
FIRST RENEWAL and AMENDMENT TO AGREEMENT All Power Generators -
Fully Executed Contract-All Power Generators & MC
new COI approved by Risk
First Renewal & Amendment to Agreement All Power Generators -revised and signed
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C.11
FINANCIAL IMPACT:
Effective Date: August 21, 2020
Expiration Date: August 21, 2022 (MC shall the have the option to renew this agreement
after the two (2) years for two additional two (2) year periods.)
Total Dollar Value of Contract: approx. $315,000.00
Total Cost to County: approx. $315,000.00
Current Year Portion: $45,000.00
Budgeted: Yes
Source of Funds: 504-23503-530341
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes —provided by All Power Generators Corp.
Additional Details: N/A
REVIEWED BY:
Roy Sanchez Completed 05/13/2020 2:09 PM
Kevin Wilson Completed 05/13/2020 2:36 PM
Christine Limbert Completed 05/28/2020 1:23 PM
Purchasing Completed 05/28/2020 4:10 PM
Budget and Finance Completed 05/29/2020 2:47 PM
Maria Slavik Completed 05/30/2020 7:54 AM
Kathy Peters Completed 06/01/2020 8:27 AM
Board of County Commissioners Pending 06/17/2020 9:00 AM
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C.11.a
FIRST RENEWAL AND AMENDMENT TO AGREEMENT
BETWEEN
MONROE COUNTY AND ALL POWER GENERATORS
THIS AGREEMENT is made and entered into this 17' day of June, 2020 between the COUNTY u
OF MONROE and ALL POWER GENERATORS, CORP., in order to renew and amend the 0
Agreement between the parties dated August 21t', 2019. _
WHEREAS, the agreement allows for Monroe County to renew this agreement for an additional
two-year period; and
WHEREAS,the agreement may be utilized in the event of a declared state of emergency and may a
be funded by the Florida Department of Emergency Management (FDEM) through a Federally-
Funded Sub-award and Grant Agreement,which requires for records to be maintained for a period
of 5 years from the submission of the final expenditure report and therefore Paragraph 15-
Maintenance of Books, Records, Documents and Right to Audit will be amended to reflect that
requirement;
NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree
to renew and amend the Agreement as follows:
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1. In accordance with Paragraph 2 (B) of the 2019 agreement, the County hereby —
exercises its option to renew the agreement for an additional two-year term
beginning August 21st, 2020.
2. Paragraph 15 shall be amended to read as follows:
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 five years from the submission of the W
final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this <
Agreement or its 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 seven 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, or were
wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the
date the monies were paid by the COUNTY. �-
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
Packet Pg.335
C.11.a
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 t�
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 c
a.
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 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 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., running form the date the monies were paid to Contractor. The right to audit
provisions survives the termination of expiration of this Agreement. a-
3. In all other respects the agreement between the parties dated August 21', 2019,
except as amended herein, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above. eft
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By By
As Deputy Clerk Mayor/Chairman
WITNESSES: ALL POWER GENERATORS, CORP.
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By:
Witness 1 Signature
Print Name:
Printed Name/Title
Witness 2
Print Name: Date:
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MONROE COUNTY/
Chi RISITNE LIMBERT•BARROWS
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C.11.c
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ACC>RV CERTIFICATE OF LIABILITY INSURANCE
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THIS CERTWI&TE IS ISSUE[)AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,
CERTIFICATE T AFFIRMATTVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE F E Y THE POLICIES
BELOW IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS (S), AUTHORIZIM
REPRESENTATIVE OR PRODUCER, TIFIAHOLDER.
IMPORTANT: ff the cordlIcato holder Is an ADOITIONAI INSURED,the I y(i ' must be ondorsed. It SUBROGATION IS WAIVED,subloct to
the torms and conditions of the policy,cwtain policies may mqulm an endorsement. A statoment on this cortificate does not confer rights to the
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EXCLUSIONS CONDITIONS SUCH POLICIES.LIMITS SHOWN MAY HAVESEEN REDUCED BY PAID CLAIMS.
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SHOULD ANY OF THE ABOVE DES CRIBEb POUCIES BE CANCELLED BEFORE
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MONROE COUNTY BOARD OF COUNTY COMMISSONERS; ACCORDANCE WTH THE POLICY PROVISIONS.
1111 12TH STREET
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FIRST RENEWAL AND AMENDMENT TO AGREEMENT
BETWEEN
MONROE COUNTY AND ALL POWER GENERATORS
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THIS AGREEMENT is made and entered into this 171h day of June, 2020 between the COUNTY
OF MONROE and ALL POWER GENERATORS, CORP., in order to renew and amend the
Agreement between the parties dated August 21'h, 2019.
WHEREAS, the agreement allows for Monroe County to renew this agreement for all additional
two-year period; and
WHEREAS,the agreement may be utilized in the event of a declared state of emergency and may
be funded by the Florida Department of Emergency Management (FDEM) through a Federally-
Funded Sub-award and Grant Agreement, which requires for records to be maintained for a period
of 5 years from the submission of the final expenditure report and therefore Paragraph 15-
Maintenance of Books, Records, Documents and Right to Audit will be amended to reflect that
requirement; a
NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree
to renew and amend the Agreement as follows: �
0
1. In accordance with Paragraph 2 (B)of the 2019 agreement, the County hereby
exercises its option to renew the agreement for an additional two-year term
beginning August 21", 2020.
2. Paragraph 15 shall be amended to read as follows:
0
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 five years from the submission of the
final expenditure report as per 2 CFR §200.333, whichever is greater. Each party to this
Agreement or its 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 seven 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, or were
06
wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the
date the monies were paid by the COUNTY.
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
Packet;Pg. 338
C.11.d
I�
0
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); backchar e logs and supporting documentation, general ledger
�
entries detailing cash and trade discounts earned, insurance rebates and dividends; any other CL
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of =
Court and Comptroller(hereinafter referred to as "County Cleric")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 hearing on or pertain to any
matters, rights, duties or obligations under or covcred by any contract document(all foregoing
hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or
reproduction by County's representative and/or agents or the County Cleric. County or County E
Cleric .may also conduct verifications such as, but not limited to, counting employees at the job
CD
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 M
for ten (1 a) years after Final Completion of the Project, The County Clerk possesses the
independent authority to conduct an audit of Records, assets, and activities 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., running form the date the monies were paid to Contractor. The right to awllt
provisions survives the termination of expiration of this Agreement.
3. In all other respects the agreement between the parties dated August 215C, 2019,
except as amended herein, remains in full force and effect,
IN WITNESS WLIEREOF, the parties have hereunto set their hands and seal,the day and year
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first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS �
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA E
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By By
As Deputy Clerk Mayor/Chairman
WITNESSES: ALL POWER GENERATORS, CORP. �
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By -/{ C/f 0 t / 06_
Witless 1 �` Si nature
Print Name:
l . .� Printed Name/Title
Witil s 2
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Print Name: l 1h `,i 0 v, `g:'."I Date: r 1
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NIONROE COUNTY ATTORNEY
4�II6Q�$U iS Tl�FDf
(Rfh"rk(t10`I'1 re Grt-a—&
CHRISTINE LIAIIIERT-DARROWS ¢'
ASSISTANT COUNTY ATTOMY
DATE. ._5128120
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