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Item C13BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5/16/07 Division: Public Works Bulk Item: Yes X No _ Department: Fleet Management 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 Monroe County to renew 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: In 2006, the Board executed the first renewal of the existing contract with All Power Generators, Corp. for maintenance and repairs of the County's approximately 59 emergency power generators. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above and authorization for the Mayor to execute the second one-year renewal for same. TOTAL COST: Approx. $30,000.00 COST TO COUNTY: same BUDGETED: Yes X No T SOURCE OF FUNDS: 504-23503-530340 REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty. — OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Revised 11/06 r TO: Dent Pierce, Director Public Works Division FROM: Roy Sanchez, Director Fleet Management Department DATE: April 16"', 2007 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 second 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 second one-year renewal. Thank you. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: All Power Generator, Corp. Effective Date: 08/0 1/07 Expiration Date:07/31/08 Contract Purpose/Description:Emer�ency generator inspections and electrical repairs, upper, middle, and lower keys facilities from Ka West to Cardsound. Contract Manager:Roy Sanchez 3572 Fleet Management Services (Name) (Ext.) (Department) for BOCC meeting on 05/16/07 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $30,000.00 Current Year Portion: $5,000.00 approx. a rox. Budgeted? Yes® No ❑ Account Codes: 504-23503-530-340- Grant: $ - - - - County Match: ADDITIONAL COSTS Estimated Ongoing Costs: $unknown/yr For: unexpected repairs (Not included m dollar value above) (eg. maintena e, utilities, janitorial, sa CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director 4kl�l Yeso No� `� L- % Risk Management Yesn No� PS k Q; O.M.B./Purctasing ,67 Yes[-1 No[:] County Attorney qA1 % YesFj Non f� S Comments tf-h, c s ct. sojz,_ 0�-�.���� ( P#"( t 0 OMB Form Revised 9/11/95 MCP #2 RENEWAL AGREEMENT THIS AGREEMENT is made and entered into this tar day of Ace, 2007 between the COUNTY OF MONROE and ALL POWER GENERATORS, CORP. in order to renew the agreement between the parties dated August 1"7 2005. In accordance with Paragraph b(B) of the 2005 agreement, the County hereby exercises its option to renew the Agreement for an additional one-year term beginning August Is`, 2007. 2. In all other respects, the agreement between the parties dated August 10, 2005 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 �: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor / Chairman MONROE COUNTY ATTORNEY AQPROVEQ AS TOOM: L ASSISTANT COUNTY ATTORNEY Date - " 2-5-' 04- TORS, CORP. ,Apr 30 07 09:26a Monroe County Fleet Mgt (3051292-3529 p.2 SWORN STATEMENT CINDER ORDINANCE NO. 10-19" MONROE COUNTY FLORIDA ETHICS CLAUSE —J& % aA 1p a (, /i BkBf f rrant�s 4 h t has not employed, retained or odwiwise had act on hits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.10-1990. For breach or violation of this provision the County may, in its discretion, ternimate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otheawise recover, the full arnount of any free, commission, percentage, gift, or considwationpaid to t1to former County officer or employee. n Date: STATE OF�or; C(a COUNTY OF J� PERSONALLY APPEARED BEFORE ME, the undersigned authority. �J Cry� IA who, after fist being sworn by me, affixed b"er signature (name of individual signing) in the space provided above on this day of I WA .-c.L , 20©S- NOTARY PUBLIC My commission expires: ; ; k A Ana hZejia OMB — MCP FORM #4 :Commission i* DD2B3b84 Expires: Jan, 21, 2008 . &V mm 1•t40 A5161 22 RENEWAL AGREEMENT THIS AGREEMENT is made and entered into this 1ST day of August, 2006 between the COUNTY OF MONROE and ALL POWER GENERATORS, CORP, in order to renew the agreement between the parties dated August 1s`, 2005. In accordance with Paragraph 6(B) of the 2005 agreement, the County hereby exercises its option to renew the Agreement for an additional one-year term beginning August 1", 2006. 2. In all other respects, the agreement between the parties dated August 1", 2005 remains in full force and effect. IN WITNESS WIiEREOF, the parties have hereunto set their hands and seal, the day and year first nuen above. (SEAL) rf�CTT�++!!�� A T11 l" � j Cl f FANNY L. KOLHAGE, CLERK 7-/ 9-UG BOARD OF COUNTY COM IISSIONERS OF MONROE COUNTY, FLORIDA By Mayor AhNfman WITNESSES: rt i� ALL POWER Lo .TORS, CORP. MONROE COUNTY ATTORNEY APPROV D AS TO FORM: SulM. GRIMSLEY� ASSIST _ COUNTYATTOR:vL DEN 'f - Z� - 2�a L CONTRACT TIRS AGREEMENT, made and entered into this l'* day of August, 2005, A.D., by and betycm MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and ALL POWER GENERATORS, CORP. (hereinafter called the "Con(ractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as foliow: 1. THE CONTRACT The contract between the owned 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 gennatar list, all change orders, the approved inspection checklist, and any addenda issued hereafter, any other amendments hereto executed by the parties ham, together with the bid proposal and all milked insmance documentation. 3. SCOPE OF THE WORK The Contractor shall provide all necessary supplies and equipment required in the pa*rmence of same, and perform all of the work dew in paragraph 40, and as entitled: EMERGENCY GENERATOR INSPECTIONS AND ELECTRICAL REPAIRS UPPER, MIDDLE, AND LOWER KEYS FACMUTIES FROM KEY WEST TO CARD SOUND MONROE COUNTY, FLORIDA And his bid dated AI.►W 5*2005, attached hereto and incorporated as part of this contract document. The specifications shall 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 fokkowing schedule. A. Labor for repairs — normal working hours of 8:00 a . to 5:00 pm. Monday through Friday, excluding holidays $ 40.0 per hour mechanic/- 20.00 per hour keen: B. Labor for repairs — overtime rate for hours other than the nomnal working horns as stated in item (A) above, including holidays, - 50.00 per hour meehani0$ 25.— per hour hehxx. C. Materials, sullies, and replacement parts — purchase price Plus 20 54. Shipping charges will be reimbursed. D. Hourly rate for specification development and other profies k"W services -50.00 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 ekzft- a.Vgeneraxor maintenance and repairs S 50.00 Per hour. F. Hourly rate for hours other than the hours as stated in item (E) above, during asigurnent to the owners Emergency Operations Center (EOC) excluding actual eIectricaVgeneratar maintenance and repairs $50.00 per hour. Note: There see no adMonaf costs for ubh9rv4 mdeagr, awaft, or Ridging. S. CONTRACTOR'S ACCEPTANCE OF COMMONS A- The Contractor hereby agrees that he has carefidly examined the site and has made investigations to MY satisfy himself that such site is correct and a mutable one for this work and he assunmes fuff responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in. the specifications. All specifications have been read and c arefiilly considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be cone. Under no crainnstances, conditions, or situations shall this Contras be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance by the Owner of any of the services firruished by the Contractor shall 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 Contractor, rely after Notice to Correct shall entide the Owner, if it sees fit, to eonxxt the same and recover the reasonable cost of such replacenwnt and/or repair from the CoM rac tor, who shall in any evett be jointly and severally liable to the Owner for all danmge, loss, and expense caused to the Owner by reason of the Conhador's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. G. TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing ft 2005, and tenninating M 1s 2006. B. The Owner shall have the option to renew this agreement after the first year, and each ceding year, for two additional one year periods. The Contract amount agreed to herein might be adjusted annually in accordance with the percentage change in the Conamax Price Index for all urban consuumers (CPI-U) for the most recut twelve (12) months available. 7. HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including deaths personal injury, and property damage (including property owned by Mon m County) and any other losses, damages, and expenses (includnmg attorneys fees) which arise out of in connection with, or by reason of services proves 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 Contractor or its Subcontractors in any tier, they employees, or agents. 2 In the event the completion of the project (to include the work of others) is delayed or ospended as a result of the Contractor'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 ($10.00) 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. S. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent cent actor 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, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe Canty. 9. ASSURANCE AGAINST DISCRI] IINATION The 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, luring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under this agreement, except m wntrng and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval 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 subcontractor 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 agreed -upon price of the servicestgoods of the contractor. 11. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all stafiites, ordinances, rules and regulation pertaining to, or regulating the provisions of 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 terminate this contrail immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 12. 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: 0 Premises Operations • Products and Completed Operations Y Blanket Contractual Liability • Personal Injury Liability + Expanded Definition of Properly Damage The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,0o0 per pin; $300,000 per Occurrence; and $50,000 Property Damage. An Occurrence Form policy is preferred. V 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 CO1tMMIONERS MAST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non -Owned, and Aired 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 COhEd MlONERS 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 $100,0oo 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 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 Contrador'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 be required. In addition, the contractor may be required to submit updated financial statements frouthe fund upon request from the County. 13. FUNDI€NG AVAILABILITY In the event that funds from Fleet Management Contractual Services are partially reduce/ or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the Wvices/goods specified herein, this agreement may then be terminated immediately at the option of the Bid of County Commissioners by written notice of termination delivered in person or be mail to the contractor. The Board shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 1. PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The provider shall at all times exercise independent, professional judgment and shall 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 licensum of contractor. Z. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in venting and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 16. CANCELLATION FOR CONTRACTOR All Power Generators, Corp. 9940 N.W. 117 Way Medley, FL 33178 A) In the event that the contractor shall be found to be negligent in any aspect of operation maintenance, repair, or service, the County shall have the right to tie this agreement after five days written notification to the Contractor. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 17. GOVERNING LAWS Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. 5 In the event that any cause of action or administrative proceeding is instituted for the mforcement 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 County, Florida The County and Contractor agree that, in the event of conflicting interpretation of the terms or a tern of this agreement by or between any of them the issue shall be submitted to mediatim prior to the institution of any other administrative or legal proceeding. I& RECORDKEEPI NG Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently spplied. Each party to this Agreement or their 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 four 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 Agreermad were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. 19. SEVERABH M 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 any extern by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreemeir , shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be: valid 'and shall be enforceable to the fullest_ extent permitted by law unless the enforcement of the remaining terms, covenants, conditions 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 stricken provision with a valid provision that comes as close as possible to the intern ofthe stricken provision. 20. ATTORNEVS FEES AND COSTS The Coarny 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 attamey's fees, cow 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 mall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the Couny and Contractor and their respective legal representatives, successors, and assigns. 22. AUTHORITY 6 Each party represents and warrants to the other that the execution, delivery and perfoamnce of this Agreement have been duly authorized by all necessary County and corporate action, as Tgpired by law. 23. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to finrther 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 all 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 shall be discussed at 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, performance, or breach of this Agent, County and Contrador agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of,the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agr+eement- 26. NONDISCREMEMATION County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any Party, effective the date of the court order County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Ad of 1964 (PL 88-352) which prohibits discr' nation 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 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age, 5) The Drug Abuse Office and Treatment Act of 1972 QL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Titk VLR of the Civil Rights Ad of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 NoteO, as Maybe amended from time to time, relating to nondiscrimination on the basis of disability, 10) Any oar nondiscrimination provisions in any federal or state statutes which may apply to the panties to, or the subject waiter of, this Agreement. Monroe County Code Ch. 13, Art. VL prohibiting discrimination on 7 the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orieation, gender identity or expression, familial status or age. l 1) Any other nondiscrimination provisionnsie 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 AN-eement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 28. CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112313, 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 contractual relationship; and disclosure or use of certain information. 29. NO SOLICITATIONMAYMENT The County and Contractor warrant that, in respect to itself; it has neither employed nor twirled any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreerent 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, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. Fa' 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 oth&w ise recover, "the full amount of such fee, commission, percentage, gift, or consideration. 30. PUBLIC 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 Contractor 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 MMUNIW Notwithstanding the provisions of Sec. 286.28, Florida Statues, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coven2ge, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of unity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 32. PRIVILEGES AND EWMUNTITES 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 Ong 8 their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such mice's agents, volunteers, or employees outside the territorial limits ofthe County. 33. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility impsed upon the entity by law except to the extent of actual and timely performance thereof by and participatuAg may, in which case the performance may be offered in satisfaction of the obligation or responsiinfrty. Further', this Agreement is not intended to, nor shall it be construed as, authorizing the dekgation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statutes and case law. 34. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terns, or any of them, of the Agreeaent to enforce or attempt to enforce any third -parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the Cody no the Contractor or any agent, officer, or employee of either shall have the authority to mforg counsel, or otherwise indicate that any particular individual or group of individuals, entity or ewes, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 35. ATTESTATIONS Contractor agrees 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 Statement. 36. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement 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 counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same int any of the parties hereto may execute this Agreement by signing any such counterpart. 39. SECTION HEADINGS Section headings have been insetted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 39. CONTINGENCY STATEMENT 9 Monroe County's performance and obligation to pay under this contract is contingent 'Pon an annual appropriation by the Monroe county Board of County Commissioners. 40. SPECTIH'ICATIONS This project requires the furnishing of all labor, materials, equipment, tools, trOportation, services, and incidentals, and the performing of all work necessary in accordance with the specifications entitled: EMERGENCY GENERATOR INSPECTIONS AND ELECTRICAL REPAIRS UPPER, MIDDLE, AND LOWER KEYS FACILPI IES FROM KEY WEST TO CARD SOUND MONROE COUNTY, FLORIDA A The Conti-actor/Technicians; shall perform one inspection of the approximately fifty-seven (57) emergency generators, listed on the Generator List, using the approved inspection drecklist. The annual major inspection is required during the month of March in preparation for hurry 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 working 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 shall submit inspection reports identifying needed maintenance, electrical, and/or engue repairs B. The CONTRACTOR/TECHIVICIANS shall perform maintenance, electrical, and/or engine repairs upon the request of the Owner. The OWNER reserves the right to seek assistance from third Party contractors, (on a case -by -case basis), if determined in the best interest of the OWNER- C. The Owner is responsible for routine engine repairs and maintenance (such as, replacement of defective "er hoses, drive belts, batteries, filters, lubricauts,, etc.1 but may approve the Contractor/Technicians 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 Contractor/Technicians shall be available 24 hours per day, 365 days per year. The Contactor shall report to the owner's Emergency 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 Contra,ctor/Technicians shall be at the site of an Emergency Generator requiring emergency repairs within four (4) hours of verbal notification by the Owner. Monroe County shall be given priority at all times for generators requiring emergency repairs. The Owns' and the Contractor recognize that time is of the essence in this Contract They also recognize the delays, expenses, and difficulties involved in proving, in a legal proceeding, the actual Loss suffered by Owaer• if the work is not completed on time, Accordingly, instead of requiring such proof Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall 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. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of ail county maintained Emergency Generators so that such emergency repairs can be completed as soon as possible. If the Contractor feels that a unit is not economically repairable, the Contractor will 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. F. The Contractor may be required to assist in the development of specifications for new or repleement generators and associated equipment. 10 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and the first written above in four (4) counterparts, each of which shall, without proof or accounting for the other anderimis, be deemed an original contract. (SEAL) Attest: DANNYIL KOLHAGE, CLERK (SEAL) Attest: M WITNESS Title: LOA WITNESS Title: BOARD OF COUNTY COADESSIONERS OF MONROE COUNTY, FLOIDA By: 440�� CONTRACTOR f B3, -A f J. Title: MONROE COUNTS ATTORNEY AP VET AS T ZANNE A. N STANT C Y A OANEY vat£ � THE EMERGENCY ORATORS INCLUDED IN TES CONTRACT ARE: NOTE: GENERATORS IN GREY ARE NOT UNDER GENERATOR C0-NT ,AC7OR LOCATMON UNITS KWIS TRANSPERSWI-IM L KW Old Sai'1 GENKWOJL 230 CLADS 50OFM7116J3W Anio -Lalw SS� 17234P1 2_ KW Courdmmw 09OV438 500 CateWi-flar 3412dit Auto fiansfim (39}west 3T2 A Lak2m 3. KW CmaW 0903f6" I00 Kohler 100ROZISI Po td* onto 4. KW Gmr#ge 0903/672 250 Koh P td* Generator an haw 5. KW Garage 0901671 I50 K abler fast mWouse I 150 ROZJIOI Part d* Geaeiar (whAw 6. KW Garage Fuel 090MI 30 30ROZI PaaW* genevaby, Ado Mmsfix 7. KW GaivW 0903/988 30 Spechm 30DSO P *ble onk 8. KW Cmage 0903I9" 40 44DM P+otwble aa*Sikf 9 KW cmaw 090319% 80 SpecMm 8MM jPbaklegenemorantAr 10. KN Nc.w Jail 0 a"S19 1000 Cat apiilar SR4 Aura transfer-ASCO Tyr 1(3 scions I I- KW Slu riffAdmin tENMVSAD 650 Kcthlcr 600ROM".71. Genset 573RSL4032 Aaw ftmsf r Kohla£ ACS166341 12. KW JLtmii1c Center ? 13. KW PSB Inf Sys Out of Savice GEMWPSD 60 Onan 6WGCBL Auto 14. KW Douglas Center 180VW 15 Lobier IMMI Aab W 06T843 B. KW Traman. Scud 1808/M 25 Kohler A AntoUa r-Wesdogbouse 06YW If>_ KW Center GENHARVC 500 K�ol 600ROZ Kbbier200 my 17. KW SheriffF ve GENSHEET 50 Deftuit351 NoSw 18. KW S*dw- Translator 2500/020 160 Kohler 6OR02361 Ado 1 6 r K62828 19. KW Comouse Ch ler GENCERL 275 Cxo= c 20. KW Gaio Bift 6EIMT00 600 21- KW Big Cq*u >� S#atia�t (SST 100 Kohler 100ROZ Kaieix300 amp 22. KW Supdoaf Me S 25 Kohler25R Z Kaila 23. MAR Bag Pine Sr- ctm ISMI0 15 Kohler 15ROZ Aub tooft Were I OGl843.4 24 MAR Lvvat Sr- Ctm i808JiM11 15 Kohler 15ROZ Aabtensfer West4+otw 06T6843.1 25. MAR -GavW GENMARGA 100 4=Mm DDA Ano tmsft 4=ftm S- 168341-600 26. MARG=W 0903W 100 Kabier IWR0►Z171 Aoembie trm'la 2'7_ MAR t saiag�e Fuel 090W48 15 Kohler 15ROZ Aub tmsfm Wes&0ousc 06T7842 F,7 28. M" iGENMAAIR I W I Ko 1750�80�1 LOCA-HON vrw KN" iV.ANIIWM swrrc� 29. MAR Anpvft (MI-1lox GOO&CIM 180 K,oMa ISWOZ%l SAd 352395 30. MAR GamW 09031986 80 Spxftm SODSFJ Foie amid 31. MAR GamV 0903l992 30 Spccftm 3013SET Pacztabie amp 32. MAR Cumne 0903/993 80 Swm Potable cai 1� 33. MAR 63 St. Govt 0903/654 100 KoWerpowersysiem Mumd Squa i e D doa% 34. MAR FAC GEIMAEOC 180 KdWkr 18MOZY101 I Auto Unsfcr, K,oh]wK 166341225 35. MAR SIofff Sub Sbdm GEMLASIHE60 Kobker 60ROZ3gl AND tmsfiw. W 0616843.9 36. MAR IaO 3000 D13 125 Ceaaac S9AO3570 Audo Gcaeaae CTS SM4915 37. MAR Long Key Sic Park Tower GEII1EW 25 Ceseaac SJM 2067047 AWo T nwM 695W� SIN# 79739 200 38. PK Ciacoge 0903W 100 Kohler 100ROUIOI Pa td* oai ' 39. PK 0903Jr M KahkW OOROM01 Po Ill. aal�os�et 40. PK 0903/984 LSOO 80DSFd pam6k a® 41. PK 0903/98S SODSF.T Pea* COUS 42. PK 43. PK Gamae 44 PK 45. PK SheriffSub 46. PK Senw C�en 47.PKCburdwase 149. PK Card So wd . 50 %wrgo 51. PK Key Largo Fh e stafift 53. PK Tavemkw Fne � Statiaa� 53_ PS —Guaw 54 Ply Public Wads 55. PK Cage 25 Kobkw AnooW-wcwmowjw 06D414 Y= we Aufaunskr-W 06`15SM Samfix d, Onan eogioe 2500M Anb teasel- TCtVOW Kohler Aub iratffx cmmmhms 413I3.9GC Kohlergessek Azle Yannr arse 41TI$4 4M op ►:: :t::l. ,�:1 -T c l I F. T :1 5r: { �,.Ll, . Fel 29