Item C18BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19/13 Division: Public Works
Bulk Item: Yes X No _ Department: Fleet Manaizement
Staff Contact Person/Phone #: Roy Sanchez / 292-3572_
AGENDA ITEM WORDING: Approval to renew the existing Emergency Generator Maintenance
Contract with All Power Generators, Corp. for one additional year.
ITEM BACKGROUND: Our existing contract allows the County to renew the contract for two
additional one-year periods, this being the second one-year extension. All Power Generators, Corp. has
agreed to the one year renewal at zero increase over the original agreement.
PREVIOUS RELEVANT BOCC ACTION: On July 20, 2012, the Board authorized execution of the
current contract with All Power Generators, Corp. BOCC approved the first renewal on April 18, 2012.
CONTRACT/AGREEMENT CHANGES: Renew contractor for one additional year; new term is
July 21, 2013 to July 20, 2014.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: Approx. $45,000.00 INDIRECT COST: BUDGETED: Yes X No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SAME SOURCE OF FUNDS: 504-23503-530-340
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
pJ(L
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required.
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:All Power Generator, Cora. Effective Date:07/21/13
Expiration Date:07/20/14
Contract Purpose/Description:Emergency Generator Inspections and Repairs, Upper, middle,
and Lower Keys facilities from Key West to Cardsound.
Contract Manager:Roy Sanchez 3572 Fleet Management Services
(Name) (Ext.) (Department)
for BOCC meeting on 06/19/13 Agenda Deadline:
CONTRACT COSTS
Total Dollar Value of Contract: $45,000.00/yr. Current Year Portion: $7,500.00 approx.
Budgeted? Yes® No ❑ Account Codes: 504-23503-530-340-
Grant: $ - - - -
County Match: $ - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $unknown/yr For: Inspections / unexpected repairs
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date Out
Date In
Division Director 3
Needed eviewer
Yes[:] NoE✓(
/ 3
Risk Management �ELO'
Yes❑ No'�
O.M.B./Purchasing 5-1
Yes[:] No X U a"/, �I V
County Attorney EIV13
Yes❑ Nog]
Comments:
OMB Form Revised 9/11/95 MCP #2
SECOND RENEWAL AGREEMENT
THIS AGREEMENT is made and entered into this 19"' day of June, 2013 between the
COUNTY OF MONROE and ALL POWER GENERATORS, CORP. in order to renew the
agreement between the parties dated July 20, 2011.
In accordance Nvith Paragraph 2 (B) of the 2011 agreement, the County hereby exercises
its option to renew the Agreement for an additional one-year term beginning July 20,
2013,
2. In all other respects, the agreement between the parties dated July20'!', 2011 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.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
M
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By___
Mayor / Chairman
WITNESSES:
MONROE COUNTY ATTORNE'v
APPROVED AS TO FORM:
CHRIST NE M. IJMSERT-EAR AWS
ASSISTANT00UNTYATTORNEY
Mato
ALL POWER GENERATORS. CORP,
By
C(Dpr
RENEWAL AGREEMENT
THIS AGREEMENT is made and entered into this 181h day of April. 2012 between the
COUNTY OF MONROE and ALL POWER GENERATORS, CORP. in order to renew the
agreement between the parties dated July 20`h. 2011.
1. In accordance with Paragraph 2(B) of the 2011 agreement, the County hereby exercises
its option to renew the Agreement for an additional one-year term beginning. July 21'`,
2012.
2. In all other respects. the agreement between the parties dated July 20`h. 201 I 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.
(SEAL) -
ATTEST: DANNY L. KOLHAGE. CLERK
By
rY't
BOARD OF COUNTY COMMISSIONERS ^�
OF MONROE COUNTY. FLORIDA r *i
::. C)
/' }� ♦ r o
By
Mayor / C airman
WITNESSES:
ALL POWER GENERATORS. CORP.
By 2
M E C NTY EY
PROV AS F
.•�_ Lug
PEDRO J. M CADO
ASSISTANT CO %
Date --- —� -- - -rs• � -�
�, Y
EMERGENCY GENERATOR INSPECTIONS
AND REPAIRS
'UPPEP, M 1IDDLE,-AND _N ,VW,VY,
FROM KEY WEST TO CARD SOUND
MONROE COUNTY, FLORIDA
THIS AGREEMENT, made and entered into this 20"' day of July, 2011, A.D., by and between MONROE
COUNTY, FLORIDA, (hereinafter, the "owner"), and All Power Generators, Corp. (hereinafter, the
"Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
This project requires the fin-nishing of all labor, materials, equipment- tools, load bank,
transportation, services, and incidentals, and the performing of all work necessary in accordance with the
specifications entitled:
EMERGENCY GENERATOR INSPECTIONS
AND REPAIRS
UPPE&_MtW_1_FK_AM!MU
FROM KEY WEST TO CARD SOUND
MONROE COUNTY, FLORIDA
A. Annual inspections of the approximately sixty (60) emergency generators including the engines,
electronics, electrical load, and transfer equipment. The annual major inspection is required in
preparation for hurricane season, which begins on June I't. The annual major inspection will
include electrical load testing. Proposed inspection checklists must be included in
Contractor's proposal.
B. Routine repairs-, the Owner is responsible for routine repairs and maintenance, but may approve
the Contractor or others to perform these repairs on a case -by -case basis. The Contractor will
submit inspection reports identifying needed repairs. The Owner may perform or assist with all
routine and/or emergency repairs.
C. Emergency repairs of all generators and transfer switch equipment. The Contractor shall be
available 24 hours per day, 365 days per year. The Contractor shall be on site of any Emergency
Generator malfunction within four (4) hours of verbal notification by the Owner.
D. The Contractor's one technician shall report to the owners Emergency Operations center (EOC)
within four (4) hours of verbal notification and remain on site available to owner immediately
following an emergency, declared by owner.
E. If the Contractor feels that a unit is not economically repairable, the Contractor may submit an
estimate for replacement and/or repair to the Owner. The Owner may, at his discretion, have the
Contractor repair the unit in keeping with the repair estimate or seek other outside proposals for
replacement.
2/25/2011
F. The Contractor may be required to assist in the development of specifications for new or
replacement generators and associated equipment.
G. The Owner shall pay the Contractor for parts/equipment plus the percentage indicated in the
parts markup of this bid form, excluding reasonably priced small items from contractor's
inventory that do not exceed more than $25.00 of the cost billed to the County. Receipts,
invoices, or other acceptable proof of contractor's original purchase must be attached to all work -
orders for parts exceeding $25.00, All parts shall be of equal or greater quality as compared to
existing parts in use. The County shall have the option to purchase all special order parts above
$500.00 directly from the manufacturer, jobber, dealer, etc.
H. Attached is a list of the County's current and active generators, which is not part of the County's
emergency Generator Inspections and Repairs contract. The County's generator inventory will
always be subject to change due to surplus deletions, additions, transfers, movement, etc.
The awarded Contractor will be required to provide a State of Florida licensed electrician as
required for load, testing, load banking and/or electrical repairs including, but not limited to
transfer switch repairs, back up portable generator installation and diagnoses. Additionally, the
awarded Contractor and electrician will be required to provide related documents and/or
credentials before contract documents are executed.
J. Proposal / Bid Form items number one (L) and number two (2); Labor for Repairs should be
construed as labor for repairs, major PM, inspections, etc. (Flat rate labor charges will not be
accepted.)
0 IKWMV
A. This Contract shall be for a period of One (1) year commencing upon the day in which it has been
approved by the Board of County Commissioners, as indicated at the top of page I of this Contract,
B. The County shall have the option to renew this Agreement after the first year, for two (2) additional
one (1) year periods,
Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement,
Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and
employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including
death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)
any activity of Contractor or any of its employees, agents, subcontractors or other invitees during the term of
this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents,
subcontractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes
tinder the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise ftom the intentional or sole negligent acts or omissions of the County or
any of its employees, agents, contractors or invitees (other than Contractor). Insofar as the claims, actions,
causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during
the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier
2/25/2011 2
termination of this Contractor. The County shall not in any form, defend, indemnify, and/or hold Contractor
harmless.
4. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the contract, the Contractor
shall furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed
below:
A. General Liability — include as a minimum:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability
• Personal Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be $3300,000 Combined Single Limit
If split tin -tits are provided, the minimum limits acceptable shall be: $100,000 per person;
$300,000 per Occurrence; and $50,000 Property Damage.
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made Policy, its
provisions should include coverage for claims filed on or after the effective date of this contract, in
addition, the period for which claims may be reported should extend for a minimum of twelve
months following the acceptance of work by the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERV MUST BE NAMED AS
ADDITIONAL INSURED.
B. Vehicle Liability — include as a minimum:
* Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person,
$100,000 per Occurrence; and $25,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMAHNSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
C. Workers Compensation — limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$ 100,000 Bodily Injury by Disease, each employee
2125/2011 3
Coverage shall be provided by a company or companies authorized to transact business in the State
of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by
the A.M- Best Company,
If the Contractor has been approved by Florida's Department of Labor, as an authorized self -insurer,
the County shall recognize and honor the Contractor's status, The Contractor may be required to
submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance,
providing details on the Contractor's Excess insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In
addition, the contractor may be required to submit updated financial statements from the fund upon
request from the County.
The Owner shall pay the Contractor in accordance with the following schedule:
A. Labor for repairs — normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays $50.00 per hour mechanicl$2.000 per hour helper.
B. Labor for repairs — overtime rate for hours other than the normal working hours as stated in item
(A) above, including holidays, $60, 00 per hour mechanic/$25. 00 per hour helper.
C. Replacement parts — purchase price plus 20%. Shipping charges will be reimbursed.
D. Hourly rate for specification development and other professional services $60.00 per hour.
E. Hourly rate for hours of 8:00 a.m. to 5:00 p.m. during assignment to the owners Emergency
Operations Center (EOC) excluding actual electrical/generator maintenance and repairs $10.00
per hour.
F. Hourly rate for hours other than the hours as stated in item (E) above, during assignment to the
owners Emergency Operations Center (EOC) excluding actual electrical/generator maintenance
and repairs $60.00 per hour.
Note., Them are no addii6onal costsfor shop supplies, &Yivel, mileage, steals, or lodging.
At all times for all purposes under this agreement the Contractor is an independent Contractor and not an
employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the Contractor or any of his/her employees, Sub-contractor(s), servants, or
agents to be employees, of the Board of County Commissioners for Monroe County.
Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age,
or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or
any other area affecting employment under this agreement or with the provision of services or goods under this
agreement,
2/25/2011 4
Contractor shall not assign or sub")ntract this agreenient, except in writing and with the prior written approval
oun
Oft Board Of�ItV COmMiSsioners fotNfonroe County, which approval .0iall be subject to such conditions
1
and Provisions as the `ounty 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
agreement, Unless expressly provided for therein, such approval shall in no m anner or event be deemed to
impose any obligation LIPOI, the CottriLy in addition to the total agreed -upon price oil the services/good,-, of the
Contractor.
9, QQ ,.�-MPLIA�N�M —WID—IL—AWY
In Providing all services/goods pursuant I S .0 this agreement, the Contralaor shall abide by all statutes,,
ordinances, rules and regulations pertaining to, or regulating the provisions ot! such services, iticludille those
now in et ed and bereirtafler adopted, Any, violation Ole said statutes ordinaaces, rules and Te" g lation shall
a:Oflstttutc a material breach of this agreement and shall entifle the Board to terminate this contract
iiamediately upon delivery of written notice of termination to the Contractor, The Contractor shall possess
Proper licenses to, perforin work in accordance with these specification,,, throughout the, term of this contraot,
10. —N0-fltQE REQL—�IBEN%, \I
Any notice required or pUmittc,,i under this agreement shall be it) writing and hand delivered or irtailed, postage
prepaid, to the other party by certified mail, returned receipt requested; to the foltcavira-
1"'rar—�LPiMAK
Monroe County Facilities Maintenance
3-583 & Roosevelt BIV&
Key West. FL, 33 )NO
ALL POWER GENERATORS CORP.
)KI Lh--9- cQU19i
Suzarme A- Hutton
Mortroe Cmnty Attorn ty
RoC Box T02.6
Key West. Ff- 3304 1 - 1. 02%
In the event that iiinds from Fleet Management services operating (jassoI n je in e and D , Sel
Accoont's are partialiy
reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of
ser � Vices/goods, specified herein, this agreement may then be terminated immediately at the option of the county
by written notice of termination delivered in person or by mail to the Contractor. The County shall only be
obligated to pay for any goods delivered by the Contractoris) until the Colitractor(s) flas received written 110tice
Of ter mination due to Jack of
PROFE aStO- —N Al, M5L %, ,RjU _. jj)(
The Contractors warrants that it, is authorized by law to engage in the perfOrr"ance 'Ifthe activities eneornpas-se-d
by the projeet:herein de��:rlbed, subject to the, terms and conditions set forth in the Notice of cailing for ffi&
The Contractor shall at all times exercise independent, professj,,,)n al judgment and shall assume prjAessional
0
responsibility for theservices to be provided. Continued -funding by the Coutity is corninge.,it upon rcntjon of
appropriate local, state, and/or federal certification apdjaj- hcensure Of (.,on-tra�tor,
E1114 —L ICKIN-MY! �LQIU_tN
A person or affiliate who has been placed On the convicted Vendor list folhiwinga conviction ibr as Public entity
crime may not submit as proposal or bid on as contract to prmide any, goods or services, to a public entity, may
not submit a proposal of bid on a contract with a Public entity for the construction or repair of a public building"
or public -work, may not submit proposals oil leases or perfolin or as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business wit.111 any public entity it)
excess of the threshold amount, provided in Section 297-017, for CATEGGRY INN O for a Dwod of 36 months
from the date of being placed oil the convicted Vendor list, Category Two: $25,000.00
14, !LRMLNAT'IQ3�1
If the Contractor lails to Ufill the terms of this Agreement. ar attachments, properly or oil time- or otherwise
violates tile provisions of this Agreement, the County may terminate this Agreement upon 7 days wTitten notice
to the Contra, ctor. The County shall pay the Contractor the contract price for goods delivered but not paid for or,
the date of termination, less any amount of damages caused by the Contractor's breach, If -"se damages are
more that the amount due the Contractor, then the Contractor shall remain liable to the County for the excess
aniount.
I 5. RoS R
zD DOCUENTSTM
Contractor shall maintain all books, records, and documents directly peen to perfbrolance under this
Agreement in accordance with generally accepted accounting principles consistently applied, Each partyto this
Agreement or their authoritzed representatives shall have reasonable' and timely access to such records of each
other Marty to this Agreement for public. records purposes during the term of the Aigreeinent an, for four years
following the termination of this Agreement. If an auditor employed by tile to ountv or Clerk deterrilinies that,
monies Paid to COntfactor pursuweemwspent -f
lf to this Agrent ere speo.- purposes not authorized by dais
Agreement, the Contractor shall repay the tames together with interest calculated pursuant to See, 5503, FS-
running from the date the raonie5 were paid to Contractor.
16, QQ)�TMLN V _tL
,Q-UW, ENUE-1 M—ARREIATION
Governing Law, _Mantle' Ifit rl?re ionr Costs, and Fees,, This Agreement shall tie governed by and construed in.
accordance vAth the laws Of the State, of Florida appticable to contracts made and to be perflorintd entirely in the
State.
In the event that any cause of action or administrative p-oceeding is instituted for th-,
enforcement or hit, Mretatiorl of this Agreement., the County and Contractor agree that, venue will lie in the
appropriate court or before the appropriate administrative body in Monroe Counqy. F,I
oridaq.
The County and Contractor agree that, in'the event. of conflicting of the terms Of a
term of this Apreement by or betw",n any of them tile issue shall be sibmitt ed to me-jiation prior to the
institution of any other administrative or legal proceeding.
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 ally extent by a court of competent
-it juri-$diction, the
16
,remaining terrors, covenants.,, conditions and provisions OfI dti5 Agieement, snail riot baff ted there bv:ai id
each renlainirig tend. covenatit, condition aM provision of this Agreemenr shall be valid -and shall be
ent'orce-able to the fullest extent pennitted by law unless the enforcement of the remaining terms, covenants,
condition,q and provisions of this Agmemerit would prevent the accomplishment of tile, original intent of this
Agreement. Tile County and Contractor agree to reform the A&qeement to replace any stricken provision with a
valid provision that comes as Close as possible to the intent of the stricken provision.
18. EY'5
ATTORN1 - '-EE-R5A\-j)-C-Q-ST-S
The County, and Contractor agree that in the event any cause of action or administrative proceeding is initiated
or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-,afpocket expenses, as an
award against the nian-prevailing party, and shall include attorney's fees, courts costs, i-tivestigative, an, d 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 arid 'usual and customary
procedures requi ed by the, circuit court of iT Monroe County,
9, aLNL)LN1CT tL
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit, of the
County and Contractor and their respective leg a'- representatives., successors.. and assigns,
Ma Qaw-
Each party represents "d warrants to the other that the execution, delivery and perforrnar,4--e of this Agreement
Rave been duty authorized by all riectssary County and corporate action, as required- by law.
21,
1 CLAIMS- HORTEMMALM—STATTE, AID
Contractor and County agm- that each shall be, and is, empowered to apply !or, seek, and Obtain federal and
state funds to further the purpose of this Agreement- provided that all applications, requests, grant proposals,
and funding solicitationi shall be. approved by each party prior to submission.
22 2, ADJUDICATION TES OR DIS
-,"RN-W 2UMT-LUJ
Coiunty and Contractor agree that all disputes and disagreemeilts ,,,hall be, atterilptefl to, be resolved by meet and
confer sessions, between representatives Of each of the Pal -ties, ff no resolution C-aw be agreed upon within 30
days after the first meet and confer session, the issue or isgues shall be discussed at a public meeting of the
Board of County Cornmissiorlovs, Ifthe issue or issues are still not resolved to the sat isfztction of the parties.
then any party shall have the tight to ged- such relief or remedy as maybe provided by this Agreement or b'
Florida law. V
23, -QQQFE&,kT j_QN,
In the event ariv administrative or legal proceeding is, instituted a
gains,, either parly relating to the f ormati oI),
execution, perfs rittance. or breach of this Agrcement, County and Contracior agree to partioipate, to the extent,
,equircd by the otlier party, ja all proceedings, hearings, processe,.s, meetirigs, a,,Id Other activities related to the
substance of this Agreement or provision of the s Mices under this Agreement,, County and, Contractor
specifically agree that no party to this Agreement shall be required to enter it-ato arty erbi4ra-t-'on proceedin-
related to this Agreeinerit.
N�- - VCfQN
Contractor agrees that there will lye no discrimination against ally person, and it is expressly understood that
upon a determination by a court of competent jurisdiction that discrimination bans occurred. this Agreement
automatically terminates without any further action on the pan of any party, effective the date of the court order.
Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances,
applicable,
relating to nondiscrimination These include but are not limited to: I Title V! of the Civil Rig htstkct of 1964'
(PI, 88-3352) 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. 1681-1693, and 1685-1680), which prohibits
discrimination on the basis of sex; -'3) Section 504 of the Ikehabilitation Act of 1973, as amendod (20 USC s:
794), which prohibits discrimination on the basis of handicaps, 4) The Age Discjim-snation Act, of 1075, as
arnerided (42 USC ss6101-6107),which prohibits discrimination or) the basis of age- 5)The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255); as ameudtd, relating to noridiscriminatioWon the basis of drug 4barse,
6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Reliabilitation Act of 1976
(PI, 91-616), As amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholi sm 7) The
Public Health Service Act, of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 29(ke-3)as, amended, relpting to
conUentiality of qlcohol and drug abuse patient records, S)Title VIII of the Civil Rik -his Act of 1968 t42 USC
s. et sect. ), as amended, relating to nondiscrin-tination iii the sale, rental or financing cof housing, 9-' The
i )
Arnericans with Disabilities Act (if 1990 (42 USC s- 11.01 Note), as maybe annended Ifi-om time to tirne, relating
to nondiscrimination on the basis of disability; 104 Any other nondiscrimination provisions in any Federal or
statestatuteswhich may apply to the parties to, or the subject matter of, th.ii Agree.rnent,
25�:Q—VI�NAJN.T OF NO INTEM
County and Contractor covenant that neither presently has any interest, and shall it L I which
ot aa4uire ivy ,rterest,
would conflict in any mariner or degree with ;is performance under this Agreement, and that only merest of
each Is to Perform and receive benefits as ret;ited in this Agreement,
26, ��QPE
County agrees that officers and employees of the County recognize and will 'be required to comOly with the
standards of conduct for public officcrs and employees, as delineated in Section 112313: Florida Statutes,
re,gand ing, but Tiot limited to, solicitation or acceptance of gift's, d0ifl-9- business withone's agency, unauthorized
compensation; misuse of public position, confilic-ting, employment or contraeWal miationship; and disclosure or
use of certain information,
27, NQ 59u-(.,a,xrlON/PAY-
The Countv and Contractor warrant that, in respect to itself, it has neither employed nor retained any -company
or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it
has not paid or agreed to pay any person, company, corporajjojj, i-ndividual, or flrin, other than a bona fide
employee working solely for it, any fee, commission. percentage
8ift, or other consideration contingent upon or
resulting from the award or making of this Agreement, For the breach or 6oh�e-ion of -Qe provisK)n. the
Contractor agrees that the County shall have. the right to termat
e this AgIve,nerit NNj-tho U, liability and, at
its
discretion, to off -set from Munies owed, or otherwise Wover. the fall amourit of Such fee, cornansiion'
percentage, gift, or cx)nsideration,
2/25/20,1"[ 18
,28. PLLBLt("
_kk(s -$S
The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents,
papers, letters or other materials in its possession or under its con trol subject to the Provisions of Chapter I 11.),
I'lorida Statutes, and made or received by the County and Contractor in conjunction tPYisAgreement, and
the County shall have the right to unilaterally cancel this Agree1pent j1poll_) , violwil-
Contractor, n of this provision by
29. NON -WAIVER,
Notwithstanding the provisions of Sec. 76S.28, Florida Statutes, the Participation of the County and the.
Contractor in this Agreement and the acquisition of, any cornntercial liability insurance coverage, self-insurance
coverage, or local govet-timent liability insurance pool coverage shall not e deemed a waiver of irrim. unity to
the extent of liability coverkqe, nor shall any contract entered into by the County reqan-ed to contain any,
Provision for waiver.
X jLRfflJLEQE ,AJI of the privileges and immunities frona liability, exemptions Rom lavis, 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 perlibi-ming! their respective functions
under this Agreement Mthin the territorial limits of the County shall apply to the same degree and eXL FA ' 10 file
C, 1
performance of such functions and duties of such officers, agelits', or empioyees outside 'tile
territorial limits of the Ctjunry
San — S
31, LEQM-QWLAQkTJQNS XND N
Non -Delegation ot Cotigitutior.al or Statutory Duties. This Agreem n ha
I eirt is n(it (�)r shall it be
construed as, relieving any participatijig entity frorn any cMigration or responsibility imposed upon the entity by
law except to the extent of acts" and timely perfartnarce thereof by any participating entity, in which case the
perfba-mance maybe offered in satisfaction of the obli at ion or responsibility. Furthe-r,this Agreemeart 'i�nc)i,
intended to, nor shall it be constmed as, authorizing the delegation of the constitutional orstatutory duties of the
COUntY, except to the extent pel-minted by the Florida constitution, state statute, and case law,
No person or entity shall be entitled to rely UPOI) the ttrillS, or any of rheas, of titis Aggreemew to enforce or
atteropt to enforce any third -party claim or entitlement to or bcnet of any service, or pro-r�-'ql oanaernplated
hereunder, and the County and the Contractor agree tha-I neither tare C,
t I CounlY nor the Coatraetor or any agent,
officer, or employee of either shall have the auth0fity to infbrmcounsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have emitlemeijts or benefits under this
Agreement separate and apart., inferior to, or SUpeliol- to the connnUnity in general or for the pUrpoSeS
contemplated in this kgreement.
33, ATI
e-
'-Ofltractoriwee'q 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 Statem-Irt.
=512011
L L�L
No co-venant or attreement contained herein shall bodeemed to be �,enant of agi-eerae.t of afl- I v ell ber,
1, n -t
officer, agent or employee of Mtonroe County in his or her individual capacity, acrid 110 member. officer, agent or
employee of.Monroe County shall be liable personally on this Agreement or be subjc: t to any personal liability
or account abilit y by reason of the execution of th' Is Agreement -
D;N N COUNI Rj)� ARLJS
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 instrament and any of the parties hereto inay_
execute this Agreement by signing any such counterpart,
36, SECIJON 1, E
SLm-lion headings have been imerted, in tins A,Teernent as a -matter of comer ience ofreferee u only, and if is
agreed that such section headings are not a part of this A2-yeenienf and will not be used in the interpretation of
arty provision of this, Agreernew,
37- MUr AL REVI
This agrmment has been care-IfUly reviewed by CONTRACTOR and the COUNTY, therefb�Te this agreement is
'be eith patty trot to corstruedagainsteither e - on the basis of authcrship.
THE REMAINDER OF THIS PAGE HAS BEEN INITNTION ALLY LE FT BLA N K
li'2RWII 10
IN WITNESS WHEREOF the parties hereto ha,,, e executed this Agreement on the dal arid date ft"t written
-or rts, each of which shall, without proof or accounting, fur the other- counterparts. be
KOLIJAGE., CLERK
Deputy Clerk
Date:
(SEAL)
Atte,sc
B
y WI NE SS'
Title: Administrative
Bv ----
Title: Administrative Assistant
'IF
1,1512011
BOARD OF COUNTY COM"dISSIONERS
OF MONNROE COUNTY, FLOIDA
By -
I
/or irinan
CONTRACTOR
BY.
Title: President
U,
NO IN -COLLUSION AFFIDAVYr
1. JUAN GARCIA ecijjof MEDLEY, FLORIDA
ak ra g to la-
oat-h- ind mider porq1ty,.Tfpe(i-, on frt)
-1 an, -------,JUAN
of Ilk f"111) of, ALL POWER GENERATORS CORP.
the bidder making the Pr(Vml for die pmjeL4 deicribed in it Notice, Ifor Cflling for bids fov
MONROE COUNTY, FLORIDA
afid that I executed the said propmal with flail auffiority 1, do- SO:
the lmW&C 01, restricting as to am; I'llint-cr retating to StOr MOB 'Witb! al- V Offier birldtf ar ;�Jth
Cite bidder and, will not knowivey be discfa,by the bidder prior is NJ opa.aiqg dirLc,,,<j-y t)r jmdjrecs IV. to aj13_ Other
bidder or io t,ray compedtoram,4
4 no xtempt has bfv,11 ,jjpde or %N n 11 b,,, made b t1le bidder 10 ifidum Inv other per-!"=_ pill 1 tership Or (V'rPavo On to submit,
or frOX to submit, a bide for Ib- purjx),,�, 1 --oulixtit fm
.1 - � d ie�,,,trjcfij�, L i ,
thestatemeBe S contained irl this affidavit are True and correct, and Made with full kno-my' ledge that
Monroe Count V relies upon the truth of the statements contained in thi,, affidavit in awarding
cc nlrazts For said project,
06/10/2011
�Isimmurq *aididc . )mc)
S'I r -.,- Ao-c-
COIR,NIV OF:
PERSONALI-Y APPEARED BEf'OKE NlE, itic �. �aftel , first
ir, the 'ampro6dcd' -'Ib�ove art dil"S kcOv\
day. of
A
AM RJENTES
SION # DD M1
commiwioll&
EXPIREMYCOMMIS: May 13,201345
212,5/201 J
ETHICS CLAUSE,
ALL POWER GENERATORS CORP. warrduts ffiat he/ithas not calplov4 rfta
. illed
OT (Abet-wiSC had act on his its be-Wf any fol-371U, COUnt'v Officer or CjDplovee in violation of'
Section 2 of, Ordinanec No, 1Via-1 90 of ally Cotaity offleer or employee in violation of
Section 3 of Ordiwwce No- 10- 1990, For breach or viofat op of this provision, tbe County
tway, in its discretion. terminate, this con-ftact without, liability and may also, in its i discretion,
deduct. from the confTact or P11 rehase prii;e, or oflicrivise rcco-ver. the fi--I I alliount of any fee,
Commission, perccntage., gift, or considoravort paid io the former County of or (=piovcc
/President
06/10/2011
S11-ATE OF
PERSONALLY APPEARED BEFORE ME, the undem igncd authority,
who,, aftor first bein8 z;wf,�,rv- bly mo, affmod his/hcr
k0^1', dza\of�
20--t k--,
NOTARY PUBLIC'
C-01nnit"Ision ex ALEXROM
MYWMMISWN#DI)88MI
EXPIRES: May 13,2013
Ewded Thru NOWY Public Uadwde,
OMB -MCP FORM #4
1125120 13. 2 3
DRUG -FREE WORKPLACE FORTM
'nIc 11110-r4rod vendor bi acwrdance u0b Florida Sfatitte 21,47.0S7 lrcrelry i ttifies flail.
ALL POWER. GENERATORS CORP.
(Name of 'Business) �
1, Pubiislt a swenwin rrotj€vuig employecs that the unl alnt Manufacture, dis!TibaliM&SPeUS419,sAlot;, or use o a controlled
substance is 'proinNited in the IVOA-puce ate .14jng the acllosas tit will be ;aka against emiployees for -violations of such
proliibition
2. 1001-lu et*0l ve- about the dangers of drug *)= in ttae wortplace, tine I)USIkieR5°s patiCy of mainttaimo a drug -ire work- lac c,
any aIvailable drug Qounsclm& rehaalai3?tattion and etas lcayec assisLqffix progmats, aM The penities drat may be itupo d capon
s trapioyces for drug abuse violations
2, ('hve each ernployee engaged in, providing, the wnimodifies or contractual sc rie s tbal aarc. tinder laid a coyry of the stateriietat
specifted in subw ion (1).
)a She staterneal specified isa su 6iatr (1), nonthe emplray= that, as a t:undiiitan of 1vvor ing or) tlrs: cornet tao- ar corati acttisl
scn,ic;es !deaf are tinder laid, tl , ernployee vviil abide by the terrors of the statcruent acid w ili notify flee e plover of ;Iny coaxicjion of, or
pleas of guilty or nolo, contender-; to, PAY viOlatiQU Of Cluti)tcr q-1(Florida Statute or of any contro, !fed suiastat ce Racy of the United
States or any slide, foci a vioDiti€rn c ;.0 ng in the ivorkplaw no 3 set fliart five (-iria?s aftey saaela ontivictup.
5. Impose at saiteti.oaa tan, or require the safisfkiony participation in a drug . 3s ' to rehabilitation gram it sateyt s
avatila ale in or. employ 's coitstnUniiy; Or l 'who is so nNi
6. Make a good faish eff'tat-t to ocmtitrue to zaaaiartam a g_a---,vorkplw,c thrvngh iurpl;,rncnuujon or I his recti(In,
As rho person a atitllork/x,;,3 to sign Cite sttatt"mca I Qvrtify that this 'thin Complies ifttily° -with the al tie requlremenis
Garcia/Pres.
der's Si
06/10/2011
INSURANCE AGENTS STATEMENT
I have reviewed the requiremen-ts with the bidder named below. The following deductibles apply to the
comsponding policy-
PO,Li("Y DE DITCTIBLES
3 .
0
Occurretice Claims Made
Liabilit
BIDDERS STATEMENT
I unideritand the insurance thal will be ma-adatory if awaxdcd the contract and will comply in fa H withz all the
.requirements,
...... . .. .....
21231220 11
CREDENTIAL$
MONROEChi UNTY FLEE QFNEBLAT0kRAjD_�
1. Customer References:
Town of Davie 954-327-3742 neil buckeridge@davie-fl.gov
Burger King 305-378-3000 MYadl—ovker@whopper.com
Florida's Turnpike 954-868-7928 roany.williams@dot.state.fl.us
City of Miami Beach 305-673-7807 johngresham@miamibeachfl.gov
Broward County 954-868-0233 cmorejon@broward.org
AT&T - cingular 305-333-0000 gr7332@att.com
City of Sunrise 954-746-3222 rsmith@cityofsunrise.org
Number 12
-Service Teehnicians' Home Base, City and State
Name JUAN GARCIA
Home Base: city—_- MIAMI State FL .
Name CARLO GARCIA
---- - --------
Home Base Citv. --MI A M I State FL.
Name RICARDO GARCIA
Home -Rase: Citv MIAMI
— ----- State-- FL.
Nanic JOSE ONOFRE TREJO
Home Base: Citv MIAMI StateFL.
4, Attach copies of Applicable Degrees. C'ertifications., Licenses. Traliiin& an Expei-je.fice
2125/2011