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1st Renewal & Amendment 06/17/2020 \\\111 4S1. Kevin Madok, CPA ! `' Clerk of the Circuit Court& Comptroller— Monroe County, Florida 1lYY.,` tio.. .r DATE: July 11, 2020 TO: Roy Sanchez, Director Fleet Management Tanta Stoughton Executive Administrator, Fleet FROM: Pamela C. HancdC. SUBJECT: June lr BOCC Meeting Attached is an electronic copy of the following item for your handling: CI 1 Renewal and Amendment to Agreement to renew and amend the current Generator Repair and Assistance Contract with All Power Generators Corp. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FIRST RENEWAL AND AMENDMENT TO AGREEMENT BETWEEN MONROE COUNTY AND ALL POWER GENERATORS THIS AGREEMENT is made and entered into this 17111 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 an 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; NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree to renew and amend the Agreement as follows: 1. In accordance with Paragraph 2(B)of the 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; 15.MAINTENANCE OF BOOKS,RECORDS,DOCUMENTS AND RIGHT TO AUDIT CON TRACTOR 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 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 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 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. 3. In all other respects the agreement between the parties dated August 21", 2019, except as amended herein,remains in full force and effect. •I rist T It kWITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year t 11 written above. ii. 4ry L) BOARD OF COUNTY COMMISSIONERS J '�, est KEVIN MADOK,Clerk OF MONROE COU TY, FLORIDA By By As Deputy Clerk ayo airman _ 'Z; _ o WI ESSES: ALL POWER GENERATORS,CORP. c o r- 1 -71 _Wit ass 1 r,I rf. L i S' ature .'` DJ Print Na e: 'vlCt�ir{ "Le b1 rn RA i€21(/ o Printed Ngme/T/i`tlee p o Wiln s2 �(r��� �7, p A/l Print ame: I r 1U I;� Date: 7///0 `✓Jt-/ .J MOM(COMM �ti a it Cl[MI MI I "sr`�'/28/vu Av d CERTIFICATE OF LIABILITY INSURANCE °"EF"°"`""' OM1aQ020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATWELY MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING NSURER(S), AUTHOR® REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: N the certitinb holder b an ADDITIONAL INSURED,Ns poIcyP.$)moat be endorsed. If SUSROGATON E WANED,subject to the terms and conditions at the polky,certain policies may,.pua an wdoaNnwt. A sbbmenl on this certificate does not confer rights to the cerRloab holder In Ilea of such wdarswentjs). pAOmER 9n!OT NORA LAFNNIE Ilcumoe Rue Inc. 'fitEnt 305-38IL222 VAX30-W-OI4 6YEL .f M F 14335 SW 120t Street slat wilt mRsena,lgMo@gmaI.mm w11M(N YMIMNG cOWRAIE NAM Mini FL 33188 • o/4RA: SCOTTSDLE INSURANCE 03232 NEUEO I11ER e.. PROGRESSIVE INSURANCE 11750 POWERIa ALL WEN GENERATOR,CORP w111ERC, SCDTtSDALEINSJ0.ANCE 03292 9541 MY 117 Way Num,O_ BRIOGEFELP EMPLOYERS INS 12158 , multRE TMN£LERSCASUALTY ARID CRIME 04CO3 MNni FL 33176 I wtRI: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS S TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW NAYS BEEN ISSUED TO THE INSURED NAMED PROVE FOR TIE POLICY PERIOD INDICATED. NOMITHETAIAING ANY REOJREMBIT,TERM OR COMRIO%OF ANY CONTRACT OR OTHER DOCIAENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED Qt MAY PERTAIN, lit INSURANCE AFFORDED BY TIE POLC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AM CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, _... . —NNE' ._.__ Pm1Q ER N11LYEllF _._. . 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EL EPUI PC.CLEM $ 1P(AAW D OFFILNIMRIEREMALOEDI njNI A, Y ®0.51415 O6N6019 108'NI2020 EL LL9EME•FA EWLOYEI 1 J IIS.d FMB r aYCa,nas EL wEASE.rOUCYLIMT $ tANPm D�acePTlw 6lDBAT0R6Eeb' CRIME(FIDELITY BOND) EACH QAM:E25,000 E I0696ALB 108MQ019 LNOT(2Q0 AGGREGATE:SSO.IB0 I IIOWIINIOIMEMTIOMEI LOCATOIdI wlecls IAMCNALNN 1uI.A4erbsl NroaesRMOY,RI,sae spinals 1 1eC OPERATOR NSTMUTION,SERVICE,REPAIR APPROVED RISK MANAGEMENT new.erealleUer a named as PM4I!reared with rasped b the General lie biM and Out Palos /— 3-iewei 06-16-2020 CERTIFICATE HOLDER CANCELLATION NIOUD ANT OF THE ABOVE DEBCRBED POMCEB BE CANCELLED OE FORE THE EIPRATON DATE THEREOF, MICE PILL BE DeJVtRS) IN Monty County BOCC ACCORDANCE WITH THE POMCY PROVISIONS. 1111 12M SEm1 Sale 408 AUTNIMINEDRBYRESSITARVE Kay West FL 33040 %%nn//�� /119�.2 ACORD zs(sptODS) 079883010A DCORPORAiION. MripMarwerY.d. The ACORD name and logo.,.registered marks of ACORD