2nd Renewal & Amendment 07/20/2022 GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: August 2, 2022
TO: Daryl Greenlee, Director
Fleet Management
Tanntny Acevedo
Executive Assistant
FROM: Liz Yongue
SUBJECT: July 20th BOCC Meeting
Attached is a copy of the following item for your handling:
U1 2nd Renewal and Amendment to Agreement for generator repairs and assistance
with All Power Generators, Corp.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Cotulty Attorney_
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
SECOND RENEWAL AND AMENDMENT TO AGREEMENT
BETWEEN
MONROE COUNTY AND ALL POWER GENERATORS
THIS AGREEMENT is made and entered into this 201h day of July 2022 between the COUNTY
OF MONROE and ALL POWER GENERATORS, CORP., in order to renew and amend the
Agreement between the parties dated August 21 st, 2019.
WHEREAS, the agreement allows for Monroe County to renew this agreement for an additional
two-year period; and
WHEREAS, this agreement, which requires Contractors and Subcontractors use the E-Verify
system in accordance with F.S. 448.095; Prohibits the use of certain telecommunications and video
surveillance systems as set forth in 2 CFR § 200.216; the preferred use of domestic preference for
procurement as set forth in 2 CFR §200.322 ; Contractor shall comply with FEMA and Federal
Law, Regulations and Executive Orders; notice to all that the Federal Government is not a parry
to this contract; and Contractor acknowledges that the Federal False Claims Act(31 U.S.C. Chap.
38) applies to this contract.
NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree
to the renew:
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 st, 2022.
2. Paragraph 39.10 shall be amended to read as follows, and Paragraphs 39.14 — 39.18
shall be added and incorporated into this Agreement
39.10 Contractor and Subcontractor use of E-Verify
Beginning January 1,2021,in accordance with F.S. 448.095, the Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
work authorization status 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
work authorization status of all new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions
of F.S. 448.095.
39.14 Prohibition on Telecommunications and Video Surveillance:
Prohibition on certain telecommunications and video surveillance services or equipment as set
forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors
may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a
contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to
procure or obtain equipment, services, or systems that uses covered telecommunications
equipment or services as a substantial or essential component of any system, or as critical
technology as part of any system. As described in Public Law 115-232, section 889, covered
telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i)For the purpose of public safety, security of government facilities,physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
39.15 Domestic Preference:
Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and
CONTRACTOR should, to the great extent practicable,provide a preference for the purchase,
acquisition, or use of goods,products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States. (2) "Manufactured products" means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and
lumber.
39.16 Contractor to Comply with FEMA:
Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement
that FEMA financial assistance may be used to fund all or a portion of the contract. The
contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies,procedures, and directives.
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39.17 Federal Government Not a Party to Contract:
No Obligation by Federal Government. The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor,
or any other party pertaining to any matter resulting from the contract. C
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39.18 Program Fraud &False Claims:
Program Fraud and False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and i
Statements) applies to the contractor's actions pertaining to this contract. 1
3. In all other respects the agreement between the parties dated August 2Ist, 2019,. and
the First Amendment dated June 17,2021, except as amended herein, remain in full
force and effect..
1
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,the day and year
first written above. i
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0g, F .F. L) BOARD OF COUNTY COMMISSIONERS
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' .KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA 9
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* A l.►ati Or By
's• y' Dep�rty Clerk Mayor irman wit
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W1TNE SES: ALL POWER GENERATORS, CORP.
k� ( ' �''��C' ` .? By: . '\,t Ifb1",11 --
itiress 1 Signatute
Print Name: MI`Ile Uc Q'�icii,r�e !/., ((�� 1
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V V &sr R. S t1�Cl L: PceS+ derl k
Printed Name/Title
Witness 2 a
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Print Name: � � c GPI Date: U � + Zv-ZZ •
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J r Digitally signed by James D.
,. • _• James D. Molenaar''Moienaar
�`I. Date:2022.07.12 08:14:47-04'00'
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c�t _- - Approved as to Form and Legal Sufficiency
-�- James D. Molenaar 3
— -'` Asst. County Attorney i
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`y '-,,, MONROE COUNTY ATTORNEY'S OFFICE
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ACC)R" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD YYYY)
11..� 06/24/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTNAME: NORA LAFAURIE
INSURANCE PLUS, INC PHONE a EXt: 305-387-0222 Al"No): 305-387-0224
14335 SW 120TH STREET#114
ADDRESS: In r n I in mil. m
INSURER(S)AFFORDING COVERAGE NAIC#
MIAMI, FL 33186 INSURER A: SCOTTSDALE INSURANCE 41297
INSURED ALL POWER GENERATORS, CORP INSURERS: PROGRESSIVE EXPRESS INC.CO 10193
9841 NW 117 WAY INSURERC: SCOTTSDALE INSURANCE 41297
MIAMI, FL 33178 INSURERD: BRIDGEFIELD EMPLOYERS INC 10701
INSURER E: TRAVELERS CASUALTY AND CRIME 25658
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY LTR MM DDIYYYY MM DDIYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY CPS7076912 02/12/2022 02/12/2023 EACH OCCURRENCE $2,000,000
CLAIMS-MADE X� OCCUR DAMAGE TO RENTED 100,000
A Y Y l PREMISES Ea occurrence $
r MED EXP(Any one person) $5,000
q �i ya PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: 27 . 2022
GENERAL AGGREGATE $4,000,000
PRO- �®..,..,-..�-
POLICY JECT LOC '^"°"�""�"!'"" PRODUCTS-COMP/OP AGG $4,000,000
OTHER: r"f _� - "" $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1 ������
Ea accident
B X ANY AUTO Y Y 03370165-7-01 02/17/2022 02/17/2023 BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
um $ 10,000/20,000
XUMBRELLA LAB OCCUR Y Y XBS0074494-02 02/12/2022 2/12/2023 EACH OCCURRENCE $ 1,000,000
C' EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000
DED RETENTION$ $
WORKERS COMPENSATION 830-51415-21 08/03/2021 08/03/2022 X STA UTE ER
AND EMPLOYERS'LIABILITY
p ANYPROPRIETOR/PARTNER/EXECUTIVE YIN
E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? FN—] NIA
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
CRIME 106963906-221 8/07/2021 8/07/2022 EACH CLAIM 25,000
E Aggregate 50,000
DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Generators service, installation and repair
Ref No. FX00000022
Monroe County BOCC Is listed as an additional insured with respect to General Liability
and auto Policy.
CERTIFICATE HOLDER CANCELLATION
Monroe county BOCC
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Insurance Compliance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
P.O. BOX 100085 FX ACCORDANCE WITH THE POLICY PROVISIONS.
Duluth, GA 30096
AUTHORIZED REPRESEN ATIV
O 88-2016 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD