Item C20
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
5/20/09
Division:
Public Works
Bulk Item: Yes -X-
No
Department:
Fleet Management
~.
Staff Contact PersonlPhone #: Roy Sanchez 1292-3572
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 Monroe County to renew for two additional
one year periods, this being the first one-year extension. All Power Generators, Corp. has agreed to the
one year renewal at zero increase over the original agreement.
PREVIOUS RELEVANT DOCC ACTION: In 2008, the Board executed the existing contract with
All Power Generators, Corp. for maintenance and repairs of the County's approximately 60 emergency
power generators.
CONTRACT/AGREEMENT CHANGES: N I A
STAFF RECOMMENDA nONS: Approval as stated above and authorization for the Mayor to
execute the first one-year renewal for same.
TOTAL COST: NTE $37.500.00 INDIRECT COST:
BUDGETED: Yes XNo
COST TO COUNTY: SAME
SOURCE OF FUNDS: 504-23503-530-340
REVENUE PRODUCING: Yes
No L AMOUNT PER MONTH~ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
DOCUMENTATION:
Included ~
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MEMORANDUM
TO: Dent Pierce, Director
Public Works Division
Roy Sanchez, Director /'L,/ /' ~
Fleet Management Department f / / ~~ -
FROM:
DATE:
April 17th, 2009
RE:
Agenda Submission I Information Memo
The attached BOCC agenda item is to request approval to renew the current Emergency
Generator Maintenance Contract with All Power Generators, Corp. for one additional year. This
will be the first of the two one-year renewals
All Power Generators, Corp. has agreed to the one year renewal at zero increase over the
original agreement.
The Fleet Management Department recommends approval to renew the current contract
with All Power Generators, Corp. for the first one-year renewal.
Thank you.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:A11 Power Generator Corp. Effective Date:08/OlI09
Expiration Date: 07/31/ IO
Contract Purpose/Description:Emergency generator inspections and electrical repairs upper.
middle. and lower keys facilities from Key West to Cardsound.
(1L
3572
(Ext.)
Fleet Management Services
(Department)
,s-I r;-llJC\ fvL
A enda Deadline: 0
for BOCC meetin
CONTRACT COSTS
Total Dollar Value of Contract: $37.500.00 Current Year Portion: $6.250.00 approx.
approx.
Budgeted? Yes~ No 0 Account Codes: 504-23503-530-340-_
Grant: $_
County Match: $_
- ~ - -
~-~~~
- - - -
-~---
- - - -
---~-
ADDITIONAL COSTS
Estimated Ongoing Costs: $unknownlyr For: unexpected repairs
(Not included in dollar value above) (el!;. maintenance. utilities, janitorial. salaries, etc.)
CONTRACT REVIEW
Changes Date Out
, R~t; fj., YeNSOeedNedOrl/ a p~ ~yjewer (I L. 101
Division Director ~ lJ,d D~ 'lf4.p
Risk Management ~iJ1 YesO No[:( ..j2a~ l~ .{)c
(JJ~ ~ >).c., co /_~~.--
O.M.B./Purcnasmg tj -~3-0 I YesD Nol3 _ . I~ - -' ,------()
em..ty Attorn,y 11/"',6, y"O NoJ8I -: - ;/ #~2/2fCJi
Comments:_ I
OMB Form Revised 9/11195 MCP #2
RENEWAL AGREEMENT
TillS AGREEMENT is made and entered into this r:.day of August, 2009 between the
COUNTY OF MONROE and ALL POWER GENERATORS, CORP, in order to renew the
agreement between the parties dated August 1st, 2008.
I. In accordance with Paragraph 6(B) of the 2008 agreement, the County hereby exercises
its option to renew the Agreement for an additional one-year term beginning August 1st,
2009.
2. In all other respects, the agreement between the'parties dated August lilt, 2008 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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor / Chairman
mTNESq:ir~
r}l-iiD
CONTRACT
THIS AGREEMENT, made and entered into this 18th day of June, 2008, A.D., by and between MONROE
COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and ALL POWER GENERATORS, CORP.
(hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
1. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists of the
contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, the approved inspection checklist,
and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and all required insurance documentation.
3. SCOPE OF THE WORK
The Contractor shall provide all necessary supplies and equipment required in the performance of same,
and perform all of the work described in paragraph 43, and as entitled:
EMERGENCY GENERATOR INSPECI10NS
AND REPAIRS
UPPER, MIDDLE, AND LOWER KEYS FACILITIES
FROM KEY WEST TO CARD SOUND
MONROE COUNTY, FLORIDA
And his bid dated April lOth. 2008. attached hereto and incorporated as part of this contract document.
The specifications shalI serve as minimum contract standards, and shall be the basis of inspection and
acceptance of all the work.
4. THE CONTRACT SUM
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 mechanic/$ 20.00 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 mecbanic/$ 25.00 per hour helper.
c.
Materials, supplies, and replacement parts ~ purchase price plus 20
will be reimbursed.
%. Shipping charges
D. Hourly rate for specification development and other professional services $60.00 per hour.
E. Hourly rate for hours of 8:00 am. to 5:00 p.m. during assignment to the Omlers Emergency
Operations Center (EOC) excluding actuaI electrical/generator maintenance and repairs $ 50.00
Per hour.
F. Hourly rate for hours other than the how-s as stated in item (E) above, during assignment to the
owners Emergency Operations Center (EOC) excluding actual electricaVgeneramr maintenance
and repairs $60.00 per hour.
Note: There tire M IU/tJitiono1 costs fOt'tTtIM. IIfi1<<Ige, mmIs, or 1<</giIrg.
5. CONTRACfOR'S ACCEPTANCE OF CONDmONS
A The Contractor hereby agrees that he has carefulJy examined the site and has made investigations to
fully satisfY himself that such site is correct and a suitable one for this work and he assumes full
responsibility therefore. The provisions of the Contract shall control any inconsistent provisions
contained in the specifications. All specifications have been read and carefully considered by the
Contractor, who tmdentands the same and agrees to their sufficiency fur the work: to be done. Under DO
cirCIIITlst8JlCe'l, conditions, or situations shaU this Contract be more stroogIy construed against the Owner
than against the Cootractor.
B. Any ambiguity or uncertainty in the specifications shaU be interpreted and construed by the Owner, and
his decision shall be final and binding upon aU parties.
C. The passing. approval. and/or acceptance by the Owner of any of the services furnished by the
Contractor sball not operate as a waiver by the Owner of strict compliance with the terms of this
Contract, and specifications covering the services. Failure on the part of the Contrac:tor, immediately
after Notice to CoITeCt sba1I entitle the Owner, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly
and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason oCthe
Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this
Contract and with the specifications.
6. TERM OF CONTRACfIRENEWAL
A This contract shall be for a period ofone (1) year, commencing August 1- 2008, and terminlrting lY!x
31-,2009.
B. The Owner shall have the option to renew this agreement after the first year, and each succ.wling year,
for two additional one year periods. The Cootract amount agreed to herein may be adjusted annually in
ac:con:1ance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U)
for the most recent twelve (12) months available.
7. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe Couoty Board of County
Commissionecs from any and all claims for bodily injmy (including death), personal injury, and property
damage (mcluding property owned by Momoe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out ot: in connection with, or by reason of services provided by
the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence. errors. or other
wrongful act of omission of the Contrac:tor or its Subcontractors in any tier, their employees, or agcuts.
2
In the event the completion of tile project (to include the work of others) is delayed or suspended as a
result of the Contract.oc's failure to purchase or maintain the required insurance. the Contractor shall
indemnify the County from any and all increased expenses resulting from such delay.
The first ten dollars (510.00) of remuneration paid to the Contractor is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance' requirements
contained elsewhere within this agreement.
8. INDEPENDENT CONTRACfOa
At all times and for all purposes under this agreement the Contractor is an independent contractor and not
an employee of tile 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/ber employees. contractors,
servants, or agents to be employees of the Board of County Commissioners for Monroe County.
9. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, aeed, color, national
origin. sex, age, or any other characteristic or aspect which is not job related, in its recruitin& biting,
promoting. terminRriIlg, or any other area. affecting employment under this agreement or with the
provision of services or goods under this agreement
10. ASSIGNMENTISUBCONTRACI'
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and
with the prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approva.I shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any
assignee or suboootractor shall comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon
the board in addition to the total agrecd-upon price of the services/goods of the contractor.
11. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the CODtnldor shall abide by all statutes,
orrlilUltv'P..'t, rules and regulaDon pertaining to, or Tegldati~ the provisions o( such services. including
those now in effect and hereinafter adopted Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to tenninate
this contract immediately upon delivery of written notice of termination to the contractor. The OOIltI3CtOr
shall possess proper licenses to perform work: in accordance with these specifications throughout the
term of this contBct..
12. INSURANCE
Prior to ex:ecution of this agreement, and maintained throughout the life of the contract, the contractor
sbaIl furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed
below:
3
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 5300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $100,000 per person;
5300,000 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 exteod for a minim\.l1ll of twelve
months following the acceptance ofwork by the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDmONAL INSURED,
B. Vehicle Liability - include as a minimum:
· Owned, Non-<>wned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable sbaJ1 be: $50,000 per Person;
$100,000 per Occurreoce; and $25,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDIDONAL INSURED.
c. Workers Compensation - limits sufficient to respond to Florida Statute 440.
In addition, the Contractor sbaII obtain Employers' Liability Insumnce with limits ofoot less than:
5100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
S100,OOO 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 mainmin a minimum raring of A-VI, as assigned by
the AM. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer,
the COUDty sball 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.
4
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will 00 required. In
addition, the CODtnlctor may be required to submit updated financial statements from the fund upon
request from the County.
13. FUNDING A V AILABILITY
In the event that funds from Fleet Management Contractual Services are partially reduced or cannot be
obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods
specified herein, this agreement may then be terminated immediately at the option of the BoanI of
County Commissioners by written notice of termination delivered in person or be mail to the CODtnlCtor.
The Board shall not be obligated to pay for any services provided by the contractor after the contractor
has received written notice of termination.
14, PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance of the activities
encompassed by the project henrin described, subject to the terms and conditions set forth in these
contract documents The provider shall at all times exercise independent, professional pulgJnent and
sball assume professional responSIbility for the services to be provided. Continued funding by the
Owner is contingent upon retention of appropriate local, state. and/or federal certification and/or
licensure of contractor.
15. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed,
postage prepaid, to the other party by certified mai~ returned receipt requested, to the following:
For County:
Monroe County Facilities Mainr_~
3583 S. Roosevelt Blvd.
Key West, FL 33040
With a amy to:
Sll7m1."., A Hutton
Monroe County Attorney
P.O. Box ]026
Key West, FL 33041-1026
For Vendor:
All Power Generators, Corp.
9840 N.W. 117 Way
Medley, FL 33178
16. CANCELLATION
A)
In the event that the contractor shall be found to be negligent in any aspect of opendion
maintenance, repair, or service., the County shall have the right to terminate tbis agreemeot after
five days written notification to the Contractor.
Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice ofits intention to do 50_
B)
s
17. GOVERNING LAWS
Governing Law, Venue, and Interpretation: This Agreement shall be governed by ao:l construed in
accordance with the laws of the State of Florida applicable to contracts made and to be perfonned
entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of the agreement, the County and contractor agree that venue will lie in the appropriate
court or before the appropriate administrative body in Monroe Coooty, Florida.
The County and Contractor agree that. in the event of conflicting interpretation of the terms or a term of
this agreement by or between any of them the issue sball be submitted to mediation prior to the
institution of any other admini!ltrative or legal ~in8
18. RECORDKEEPING
Contrac:tor shall maintain all books, records, and dOCUIDeDts directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shalJ have reasonable and timely access to
such records of each other party to this Agreement for public records purposes dwing the term of the
Agreement and for five years following the tecmination of this Agreement. If an auditor employed by
the County or aerk detenniDes that monies paid to Contractor pursuant to this Agreement were spent
for pwposes not authorized by this Agreement, the Contractor shall repay the monies together with
interest calculated pursuant to See. 55.03, FS, nmning from the date the monies were paid to Contractor.
The CONTRACTOR shall maintain the originals of documents required for federal audits of the
Coonty's submission for federal disaster reimbursements.
19. SEVERABILITY
If any term. covenant, condition or provision of this Agreement (or the application thereof to any
circum$t.oce or person) shall be declared invalid or unenforceable to any extent by a court of competeDt
jurisdiction. the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term. covenant, condition and provision of thiS Agreement sbal1 be
valid and shall be enforceable to the :fullest extent permitted by law unless the enforcement of the
remaining tenDS, covenants, cooditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the
Agreement to replace any strick.en provision with a valid provision that comes as close as possible to the
intent of the stricken provision
20. ATI'ORNEY'S FEES AND COSTS
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.-of-
pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, court
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 custo1tlllry procedures required by the circuit court of Monroe County.
6
21. BINDING EFFECf
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 assiBDS.
22. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and pecformance of this
Agreement have been duly authorized by all necessary County and corporate action. as required by law.
23. CLAIMS FOR nDERAL OR STATE AID
Contractor and Coooty agree that each shaJJ 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
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that aU disputes and disagreements shall be attempted to be resolved by
meet 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 sbalJ be discussed at a
public meeting of the Board of County Commissioners. 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.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation,. execution, perfonnauce, or breach of this Agreement, County and Contractcr agree to
participate, to the extent required by the other party, in all ~if18S, hearings, processes, meetings,
and otha" activities related to the substance of this Agreement or provision of the services under this
Agreement. Couoty and Contractor specificaUy agree that no party to this Agreement shall be required
to enter into any arbitration ~if1S'l related to this Agreement
26. NONDISCRIMINATION
County and ContmctDr agree that there will be 00 discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination bas
occurred, this Agreement automatically terminates without any further action on the part of any party.
e1fectivethe date of the court order. County or Contractor agree to comply with all Fedenl. and Florida
statutes, and all local orrIina~ as applicable, relating to nondiscrimination. These include but are not
limited to: I) Trt1e VI of the Civil Rights Act of 1964 (pL 88-352) which prohibits discrimination OD
the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 use $S. 1681-1683. and 1685-1686), which prohibits disaimination on the basis ofsa; 3) Section
504 of the Rehabilitation Act of 1973, as lUDeIJded (20 use s. 794). which prohibits discrimination on
the basis of handicaps; 4) The Age Discrimination Act of 1975, as ameOOed (42 use ss. 6101~107)
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, Treatmeot and Rehabilitation Act of 1970
7
(pL 91-616) as amended, relating to nondiscrimination 00 the basis of alcohol abuse or alcoholism;; 7)
The Public Health Service Act of 1912, ss. 523 and 527 (42 use ss. 690dd-3 and 290ee-3), as
amended. relating to confidentiality of alcohol and drug abuse patent rea>rds; 8) Title WI of the Civil
Rights Act of ]968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, reotal or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 use s. 1201 Note), as maybe
amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other
nondiscrimination provisions in any federa.1 or state statutes which may apply to the parties to. or the
subject matter of: this Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting disaimination on
the basis of race, color, sex, religion, disability. national origin, ancestIy, sexual orientation, gender
identity or expression, &milial status or age. ] 1) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of: this Agreement.
27. 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 under this Agreement. and
that the only interest of each is to perfurm and receive beoefits as recited in this Agreement
'Z8. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required to comply with
the standards of conduc:t fur public oflicus and employees as delineated in Section 112.313, Florida
Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's
agency; unauthorized compensation; misuse of public position, conflicting employment or contractuaI
relatioosbip; and disclosure or use of certain infimnation.
29. NO SOUCITATIONIPAYMENT
The County and Conb3ctOr wammt that, in respect to itsel( it has neither employed nor retained any
company or person, other than a bona fide employee workiDg solely fur 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, perceuta,ge, 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 its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift. or consideration.
30. PUBUC ACCESS
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 control subject to the
provisions of Chapter 119, Florida Statues, and made or received by the County and ContIactor in
conjunction with this Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
31. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation of the County and the
Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, seIf-
insurance coverage, or Iocal government liability insurance pool coverage shall not be deemed a waiver
8
of immunity to the extent of liability coverage. nor shaIJ any contract entered into by the County be
required to contain any provision for waiver.
32. PRIVILEGES AND IMMUNITIES
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 of any public agents or employees of the County, when paforming
their respedive functions under this Agreement within the territorial limits of the County shall apply to
the same degree and extent to the performance of such functiOIL'J and duties of such officers agents,
volunteers, or employees outside the teJ:ritoriallimits of the County.
33. LEGAL OBUGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, 00f" shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereofby the participating entity, in
which case the performance 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 County, except to the extent permitted by the Florida
constitution, state statute, and case law.
34. NON-RELIANCE BY NON-PARTIES
No penon or entity shall be entitled to rely upon the terms. or any of them, of the Agreement to enforce
or attempt to enforce any third.pany claim or entitlement to or benefit of any service or program
contemplated hereunder, and the County and the Cont:ractOf' agree that neither the County nor the
Contractor or any agent. officer, or employee of either shall have the authority to inform, counse~ 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
cnmm11nity in general or for the purposes contemplated in this Agreement.
35. ATI'ESTATIONS AND TRUTH IN NEGOTIATION
Contractor agrees to execute such documents as the County may reasonably require, to include a Public
Entity Crime St~ An Ethics Staten~, and a Drug-Free Workplace Stat-
Signature of this Agreement by CONTRACTOR shall act as the execution ofa truth in negotiation
certificate stating that wage rates and other DctuaI unit costs supporting the compensation pursuant to
the Agreement are aa:urate. complete, and current at the time of CODtmcting. The original cootract price
and any additions thereto sbalJ be adjusted to c<<:1ude any S;gJ1ificant sums by which the agency
determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and
other filctual unit costs. All such adjustments must be made within one year following the end of the
Agreemeut.
36. NO PERSONAL LIABll..ITY
No coveuant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee ofMomoe Cotutty in his or bee individual capacity, and no member,
9
officer, agent or employee of Monroe County shall be liable personally on this Agreemem or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
37. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counteIparts, each ofwbich shall beregarded as an
original, all of which taken together shall constitute one and the same instnunent any of the parties
hereto may execute this Agreement by signing any such countecpart.
3&. SECfION BEADINGS
Section beadings have been inserted in this Agreement as a matter of convenience of reference only, and
it is agreed that such section headings are not B part of this Agreement and wiD not be used in the
interpretation of any provision of this Agreement.
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contrad is contingent upon an annual
appropliation by the Monroe county Board of County Commissionen.
40. OWNERSHIP OF TIlE PROJEcr DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the COUNlY and may be
reproduced and copied without acknowledgement or permission oftbe CONTRACTOR
41. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shaD create any relationship, contractual or otherwise, with or any rights in
favor at: any third party.
42. PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following B conviction for public
entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may
not submit a bid on B contract with B public entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to public entity, may not be awarded (]I'"
perform work: as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public eIItity, and may not transact business with any public entity in excess of the threshold llDlOUDt
provided in Section 287.017 of the Florida Statutes, for CAlEGORY TWO for a period of36 months
from the date ofbeing placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not
violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall
result in termination of this Agreement and recovery of all monies paid hereto, and may result in
debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR. further represmts that there has been no determinatioo.
based on an audit, that it or any subcontractor has committed m act defined by Section 287.133. Florida
Statutes, as a "public entity crime" and that it bas not been formally charged with committing an act
10
defined as a "public entity crime" regardless of the amount of money involved or whether
CONUSULT ANT bas been placed on the convicted vendor list
CONTRACTOR will promptly nedfy the COUNlY if it or any subcontractor is fonuJly charged
with an act damed as a "public eatity crime" or has been placed on the CODvicted vendor list.
43. SPECIFICA nONS
This project requires the furnishing of all labor, materials, equipment, tools, transportatioo, services,
and incidentals, and the performing of all work necessary in accordance with the specifications
entitled:
EMERGENCY GENERATOR INSPECI10NS
AND REPAIRS
UPP~ MIDDLE, AND WWERKEYS FACILITIES
FROM KEY WEST TO CARD SOUND
MONROE COUNTY, F1.ORlDA
A The Coutractortrecbnicians shall perform one inspection of the approximately sixty (60) emergency
generators, using the approved inspection checklist. The annual major inspection is required in
preparation for hurricane season. The annual major inspection will include electrical load tests, and
laboratory testing of oil samples. Load tests may have to be accomplished after normal wolkins
hours. The Owner will provide the electrical load for the portable generators. The Owner may
provide or perform the annual oil changes and other routine engine maintenance. Immediately
following inspections, the Contractor sball submit inspection reports identifying needed
maintenance, electrical. and/or engine repairs.
B. The ContractorlTechnicians shall perform maintenance, electrical, and/or engine repairs upon the
request of the Owner.
C. The Owner is responsible for routine engine repairs and maintenance (such as, replacement of
defective ~ hoses, drive belts. batteries, fihers, lubricants, etc.),. but may approve the
ContractorlTecluricians or others to perform these repairs on a case-by-case basis. The Owner may
perform or assist with all routine and emergency repairs.
D. The ContractorlTecJmicians shall be available 24 hours per day, 365 days per year. The Contactor
shall report to the owner's Emecgency Operations Center (EOC) within four (4) hours of verbal
notification and remain on site available to the owner immediately following an emergency, declared
by the owner. The ContractorlI'echnicians shaD be at the site of an Emergency Generator requiring
~ repairs within four (4) hours ofverbal notification by the Owner. Mom-oe County shall
be given priority at all times for generators requiring erneIgeIlCy repairs. The Owner aud the
Contractor recognize that time is of the essence in this Contmct. They also recognize the delays,
expenses, and diffiwlties involved in proving. in a legal proceeding. the actual Loss suffered by
Owner if the work: is not completed on time, Accordingly, instead of requiring such proo( Owner
and Contractor agree that as liquidated d9m~ for' delay (but not as a peuaJty) ContradOr shaD pay
Owner $80.00 for each hour over four (4) hours that expires after notification to respond and the
Contractor is not on site, barring travel conditions beyond Contractors control.
E. If the Contractor feels that a unit is not economically repairable, the Contractor may submit an
estimate fur replacement and/or repair to the Owner. The 0wDer may, at his discretion, have the
Contractor repair the writ in keeping with the repair estimate or seek other outside proposals for
replarement.
F _ The Contractor may be required to assist in the development of specificatiODs for new or
replacement generators and associated equipment.
11
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written
above in four (4) counterparts, each ofwmch sha1~ without proof or accounting for the other counterparts, be
deemed an original contract.
(SEAL)
Attest: DANNY L. KOlHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
8y.C?~
By: ~4~
MayorlCbairman
Date:
,;'j(l 1 8 200&
(SEAL) .
Attest: . \ 1
By 7((ti.lt~
Title: Jv1<;t'Ir7h_J:'
By~s
Title: A f~hJr.-;('
CONTRACTOR
paid
]2