Item C35 C35
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: C35
2023-2677
BULK ITEM: Yes DEPARTMENT: Fleet Management
TIME APPROXIMATE: STAFF CONTACT: Daryl Greenlee
N/A
AGENDA ITEM WORDING: Approval of Third Renewal and Amendment to Agreement between
Monroe County and All Power Generators Corp. (repairs and assistance), to renew the term and update
and/or add certain provisions to the Agreement. Funding is 504 funds.
ITEM BACKGROUND:
Monroe County entered into an Agreement with All Power Generators Corp, on August 21, 2019, for
emergency generator inspections and repairs. There was an initial term of one(1)year and three (3)
optional renewals of two (2)years each. This final renewal will extend the Agreement for an additional
2-year period, beginning August 21, 2024, and terminating on August 20, 2026.
The Third Renewal and Amendment to Agreement, not only renews the contract term, but also updates
certain County, State, and Federal contract provisions and includes provisions from new laws passed in
the most recent Florida Legislative session and recently signed by the Governor, with new effective
dates of July 1, 2024. Some of these new laws required additional forms to be executed by the
contractor/supplier. The Amendment also provides an updated generator list and revises the Notice
requirement as to the new Fleet address on Rockland Key. Staff seeks approval of the Third Renewal
and Amendment to the Agreement.
PREVIOUS RELEVANT BOCC ACTION:
Original Contract was approved by the BOCC on August 21, 2019 -Al # C.6 #5828.
1st Renewal& Amendment was approved at the BOCC meeting on June 17, 2020 -Al #C.11 #6934.
2nd Renewal &Amendment to Agreement was approved by the BOCC on July 20, 2022 -Al U.1
#10764
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
Renews the term for an additional two (2)years and updates and/or adds certain County, State, and
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Federal contract provisions, as well as including new laws and required additional forms for
Contractor's execution.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
THIRD RENEWAL AND AMENDMENT TO AGREEMENT -All Power Generators July 2024 (Final
legal stamped).pdf
All Power Generators & MC - Fully Executed Contract August 2019.pdf
All Power Generators - I st Renewal &Amendment June 2020 - Fully Executed.pdf
All Power Generators - 2nd Renewal & Amendment July 2022 - Fully Executed.pdf
COI Monroe County 239D3 - approved by Risk 6.17.24.pdf
3rd Renewal - signed by CAY & All Power Generators.pdf
FINANCIAL IMPACT:
Effective Date: August 21, 2024
Expiration Date: August 20, 2026 (this amendment exercises the last two-year option to renew)
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: Fund:504 Cost Center: 23503 Account: Other Contractual Services SC00036
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes—provided by All Power Generators Corp. (COI attached)
Additional Details: This is the last renewal with the term to expire on August 20, 2026. Total
funds expended for the current fiscal year with All Power Generators is $33,556.00.
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THIRD RENEWAL AND AMENDMENT TO AGREEMENT
BETWEEN
MONROE COUNTY
AND
ALL POWER GENERATORS CORP.
THIS AGREEMENT is made and entered into this 171h day of July, 2024, between MONROE
COUNTY, FLORIDA, and ALL POWER GENERATORS CORP., in order to renew the
Agreement between the parties dated August 21, 2019 ("Agreement").
WHEREAS, the Agreement allows for Monroe County to renew this Agreement after the initial
one-year term for an additional three (3) two-year periods; and
WHEREAS, the parties also desire to amend the Agreement, as amended, to include or update
provisions to bring it current with certain County, State, or Federal contract provisions; and
WHEREAS,the parties have found the Agreement, as amended, to be mutually beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and enter
into this Third Renewal and Amendment to Agreement to extend the term and update certain
contract provisions as set forth herein;
NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree
as follows:
1. In accordance with Paragraph 2 (B) of the 2019 Agreement, the County hereby
exercises its option to renew the Agreement for the final additional two-year term
beginning August 21, 2024, and terminating on August 20, 2026.
2. Paragraph 1. H., of the Agreement, as amended, is hereby deleted in its entirety and
replaced with the following:
1. H. Attached hereto as Attachment"A" and made a part hereof, is a list of the
County's active and current generators, which will require services under this
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.
All other provisions of Paragraph 1 of the Agreement, as amended, remain the same.
3. Paragraph 10, NOTICE REQUIREMENT, of the Agreement, as amended, is hereby
deleted in its entirety and replaced with the following paragraph:
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10. NOTICE REQUIREMENT
All written correspondence to the County shall be dated and signed by an authorized
representative of the Contractor. Any written notices or correspondence required or
permitted under this Agreement shall be sent by United States Mail, certified, return
receipt requested,postage pre-paid, or by courier with proof of delivery. The place of
giving Notice shall remain the same as set forth herein until changed in writing in the
manner provided in this paragraph. Notice is deemed received by Contractor when
hand delivered by national courier with proof of delivery or by U.S.Mail upon verified
receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent
to the following persons:
FOR COUNTY: FOR CONTRACTOR:
Monroe County All Power Generators Corp.
Fleet Department 9481 NW 117 Way
111 Overseas Highway, Unit 300 Medley, FL 33178
Rockland Key
Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041
4. Paragraph 13, PUBLIC ENTITY CRIME STATEMENT, of the Agreement, as
amended, is hereby deleted in its entirety and replaced with the following paragraph:
13. PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid,proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids, proposals, or replies on
leases of real property to a public entity, may not be awarded or perform work as a
Construction Manager, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list."
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5. Paragraph 14. E., TERMINATION, of the Agreement, as amended, is hereby
deleted in its entirety and replaced with the following paragraph:
14. TERMINATION
E. For Contracts of$1,000,000 or more:
(1) If the County determines that the Contractor/Consultant submitted a false
certification under Section 287.135(5), Florida Statutes, the County shall have the
option of (1) immediately terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions
of Section 287.1325(4), Florida Statutes, are met.
(2) If the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, or if the Contractor/Consultant has been placed
on a list created pursuant to Section 215.473,relating to scrutinized active business
operations in Iran, or been engaged in business operations in Cuba or Syria, the
County shall have the option of(1) terminating the Agreement or (2) maintaining
the Agreement, at the County's option, if the conditions of Section 287.135(4),
Florida Statutes, are met.
All other provisions of Paragraph 14, as amended, remain the same.
5. Paragraph 15, MAINTENANCE OF BOOKS, RECORDS, DOCUMENTS, AND
RIGHT TO AUDIT, of the Agreement, as amended, is hereby amended by deleting
the second paragraph only, Right to Audit, in its entirety and replacing it with the
following paragraph:
15. MAINTENANCE OF BOOKS,RECORDS,DOCUMENTS,AND RIGHT
TO AUDIT
Right to Audit: Availability of Records. The records of the parties to this
Agreement relating to the Project, which shall include but not be limited to
accounting records (hard copy, as well as computer readable data if it can be made
available; subcontract files (including proposals of successful and unsuccessful
bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;
estimating work sheets; correspondence; change order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned,
insurance rebates and dividends; any other supporting evidence deemed necessary
by County or the Monroe County Office of the Clerk of Court and Comptroller
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(hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may
in County's or the County Clerk's reasonable judgment have any bearing on or
pertain to any matters, rights, duties, or obligations under or covered by any
contract document(all foregoing hereinafter referred to as "Records")shall be open
to inspection and subject to audit and/or reproduction by County's representative
and/or agents or the County Clerk. County or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments, miscellaneous allocations,
special charges, verifying information and amounts through interviews and written
confirmations with employees, subcontractors, suppliers, and contractors'
representatives. All records shall be kept for ten (10)years after Final Completion
of the Project. The County Clerk possesses the independent authority to conduct
an audit of Records, assets, and activities relating to this Project. If an auditor
employed by Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, or were wrongfully retained by the Contractor,the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to the Contractor. The Right
to Audit provisions survive the termination or expiration of this Agreement.
All other provisions of Paragraph 15, as amended, remain the same.
6. Paragraph 24, NONDISCRIMINATION/EQUAL EMPLOYMENT
OPPORTUNITY, of the Agreement, as amended, is hereby amended by deleting
the first paragraph only in its entirety and replacing it with the following:
24. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY 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 of the part of any parry,
effective the date of the court order. Contractor or County agrees 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 VII of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on
the basis of race, color,religion, sex, or national origin; 2)Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
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Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of disability; 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 (PL 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 patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note),
as may be amended from time to time,relating to nondiscrimination of the basis of
disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation,gender identity or expression,familial status or age; and 11)Any
other nondiscrimination provisions in any Federal or state statutes which may apply
to the parties to, or the subject matter of, this Agreement.
All other provisions of Paragraph 24, as amended, remain the same.
7. Paragraph 38, UNCONTROLLABLE CIRCUMSTANCES, of the Agreement, as
amended, is hereby deleted in its entirety and replaced with the following
paragraph:
38. UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement
will be excused to the extent that the delay or failure was caused directly by an
event beyond such Party's control,without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been
foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion,
tropical stone, hurricane or other declared emergency in the geographic area of the
Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist
threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)
government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action
by any governmental authority prohibiting work in the geographic area of the
Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability
to perfonu, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse
perfonuance by Contractor under this Section. Contractor shall give County written
notice within seven (7) days of any event or circumstance that is reasonably likely
to result in an Uncontrollable Circumstance, or as soon as possible after such
Uncontrollable Circumstance has occurred if reasonably anticipated, and the
anticipated duration of such Uncontrollable Circumstance. Contractor shall use all
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diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume frill performance
under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance. The Contractor may only seek a no cost Change
Order or Amendment for such reasonable time a as the Owner's Representative
may determine.
8. Paragraph 39.1, Davis-Bacon Act, of the Agreement, as amended, is hereby
amended only to add the current Davis-Bacon Wage Determination Statement, if
applicable, and attached hereto as Attachment`B" and made a part hereof.
9. Paragraph 39.4, Clean Air Act (42 U.S.C. W401-7671g.) and the Federal Water
Pollution Control Act(33 U.S.C. §§1251-1387), of the Agreement, as amended, is
hereby deleted in its entirety and replaced with the following paragraph:
39.4 Clean Air Act(42 U.S.C. §§7401-7671q.) and the Federal Water Pollution
Control Act (33 U.S.C. §§1251-1387, as amended). Contractor agrees to comply
with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act, as amended(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control
Act, as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA/Federal Agency and the appropriate Regional Office of the Environmental
Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the
Federal Water Pollution Control Act(33 U.S.C. §§1251-1387), as amended, applies
to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees
to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA/Federal agency. The
Contractor agrees to report each violation to the County, and understands and agrees
that the County will, in turn, report each violation as required to assure notification
to FEMA/Federal Agency and the appropriate EPA Regional Office.
10. Paragraph 39.5, Debarment and Suspension (Executive Orders 12549 and 12689), of
the Agreement, as amended, is hereby deleted in its entirety and replaced with the
following paragraph:
39.5 Debarment and Suspension (Executive Orders 12549 and 12689). A
contract award under a "covered transaction" (see 2 C.F.R. �180.220) must not be
made to parties listed on the governmentwide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000
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(Nonprocurement, Debarment and Suspension). SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at www.sam.gov.
Contractor is required to verify that none of the contractor's principals (defined at
2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The
contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the County. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the County,the Federal Government
may pursue available remedies, including but not limited to suspension and/or
debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or
Proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
11. Paragraph 39.6, Byrd Anti-Lobbying Amendment (31 U.S.C. 0352), of the
Agreement, as amended, is hereby deleted in its entirety and replaced with the
following paragraph:
39.6 Byrd Anti-Lobbying Amendment (31 U.S.C. 0352). Contractors that
apply or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant,or any other award covered by 31 U.S.C.
§1352. Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,000, the
certification, attached hereto as Attachment "C" to this Agreement and made a
part hereof, must be signed and submitted by the Contractor to the County.
12. Paragraph 39.7, Compliance with Procurement of Recovered Materials as set forth
in 2 C.F.R. §200.322, of the Agreement, as amended, is hereby amended to correct
the citation reference in the paragraph title and to further delete the paragraph in its
entirety and replace it with the following paragraph:
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39.7 Compliance with Procurement of Recovered Materials as set forth in 2
C.F.R. §200.323. Contractor must comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain
the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition,where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines. In the performance of this contract, the Contractor shall make
maximum use of products containing recovered materials that are EPA-designated
items unless the product cannot be acquired
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
13. Paragraph 39.12, DHS Seal, Logo, and Flags, of the Agreement, as amended, is
hereby amended to delete the paragraph in its entirety and replace it with the
following paragraph:
39.12 Department of Homeland Security (DHS) Seal, Logo, and Flags.
The Contractor shall not use the DHS seal(s), logos, crests, or reproduction of flags
or likenesses of DHS agency officials without specific FEMA pre-approval. The
Contractor shall include this provision in any subcontracts.
14. Paragraph 39.10 in the initial Agreement was inadvertently replaced with another
Paragraph 39.10 in the Second Renewal and Amendment dated July 20, 2022,
which said paragraph should also remain in the Agreement. The Agreement is
amended to include a new Paragraph 39.19 which shall read as follows:
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39.19 The Contractor shall utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility 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 employment eligibility of all new employees hired by the subcontractor
during the Contract term.
15. The Agreement, as amended, is further amended to add the following paragraph as
Paragraph 41, COMMON CARRIER RESPONSIBILITIES, and incorporate it into
the Agreement:
41. COMMON CARRIER RESPONSIBILITIES
If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,
then Contractor hereby may not willfully provide any service during the Contract
term in furtherance of transporting a person into this state knowing that the person
is an Unauthorized Alien, except to facilitate the detention, removal, or departure
of the person from this state or the United States. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms
of this provision in the form of a court proceeding and shall, as a prevailing party,
be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the
contract.
16. In all other respects,the Agreement between the parties dated August 21, 2019, and
as amended with the First Renewal and Amendment to Agreement dated June 17, 2020,
and Second Renewal and Amendment to Agreement dated July 20, 2022, except as
amended herein, remains in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairperson
WITNESSES: ALL POWER GENERATORS CORP.
By:
Witness 1 Signature
Print Name:
Printed Name/Title
Witness 2
Print Name: Date:
ONROE�COUNTY ATTORNEY'S OFFICE
PAMICIA EAB�
T T' ; 8� OR ES"
DATE: �.
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ATTACHMENT "A"
UPDATED GENERATOR LIST AS OF MAY 30, 2024
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D
ATTACHMENT "B"
DAVIS-BACON WAGE DETERMINATION STATEMENT
14
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"General Decision Number: FL20240022 03/15/2024
Superseded General Decision Number: FL20230022
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658.
Please note that these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
including those set forth at 29 CFR 5.1(a)(1).
1If the contract is entered 1. Executive Order 14026
into on or after January 30, generally applies to the
12022, or the contract is contract.
renewed or extended (e.g., an The contractor must pay
loption is exercised) on or all covered workers at
after January 30, 2022: least $17.20 per hour (or
the applicable wage rate
listed on this wage
determination, if it is
higher) for all hours
spent performing on the
contract in 2024.
JIf the contract was awarded onl. Executive Order 13658
for between January 1, 2015 andl generally applies to the
January 29, 2022, and the contract.
contract is not renewed or The contractor must pay alli
lextended on or after January covered workers at least
130, 2022: 1 $12.90 per hour (or the
applicable wage rate listed)
on this wage determination,
if it is higher) for all
hours spent performing on
that contract in 2024.
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/govcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
https:flsam.gov/wage-determination/FL20240022/2 1/5
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2 03/15/2024
ELEC0349-003 09/01/2023
Rates Fringes
ELECTRICIAN......................$ 39.81 14.62
----------------------------------------------------------------
ENGI0487-023 07/01/2023
Rates Fringes
OPERATOR: Crane
All Cranes 75 Tons and
below.......................$ 37.07 14.90
All Cranes Over 300 Ton,
Electric Tower, Luffing
Boom Cranes.................$ 40.40 14.90
Cranes 130-300 Ton..........$ 39.38 14.90
Cranes 76 ton to 129 Ton....$ 37.57 14.90
----------------------------------------------------------------
IRON0272-004 10/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING......................$ 27.75 15.27
----------------------------------------------------------------
PAIN0365-004 06/01/2021
Rates Fringes
PAINTER: Brush Only.............$ 20.21 12.38
----------------------------------------------------------------
* SFFLO821-001 01/01/2024
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)......................$ 32.03 23.01
----------------------------------------------------------------
SHEE0032-003 08/12/2023
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation)....................$ 29.10 14.68
----------------------------------------------------------------
* SUFL2009-059 05/22/2009
Rates Fringes
CARPENTER........................$ 15.08 ** 5.07
CEMENT MASON/CONCRETE FINISHER...$ 12.45 ** 0.00
FENCE ERECTOR....................$ 9.94 ** 0.00
LABORER: Common or General......$ 8.62 ** 0.00
LABORER: Pipelayer..............$ 10.45 ** 0.00
OPERATOR: Backhoe/Excavator.....$ 16.98 ** 0.00
OPERATOR: Paver (Asphalt,
https:/Jsam.gov/wage-determination/FL20240022/2 2/5
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Aggregate, and Concrete).........$ 9.58 ** 0.00
OPERATOR: Pump..................$ 11.00 ** 0.00
PAINTER: Roller and Spray.......$ 11.21 ** 0.00
PLUMBER..........................$ 12.27 ** 3.33
ROOFER: Built Up,
Composition, Hot Tar and
Single Ply.......................$ 14.33 ** 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation...........$ 14.41 ** 3.61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away............$ 8.00 ** 0.15
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
----------------------------------------------------------------
** Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, including
their agencies, are a party.
Note: Executive Order (EO) 13706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after January 1, 2017. If this
contract is covered by the EO, the contractor must provide
employees with 1 hour of paid sick leave for every 30 hours
they work, up to 56 hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the EO
is available at
https://www.dol.gov/agencies/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5.5 (a) (1) (iii)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing for the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
https://sam.gov/wage-determination/FL202400222 3/5
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32624,12:28 PM SAM.gov
order of ""identifiers"" that indicate whether the particular
rate is a union rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than ""SU"" or
""UAVG"" denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUMO198-005 07/01/2014. PLUM is an abbreviation identifier of
the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198
indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198. The next number,
005 in the example, is an internal number used in processing
the wage determination. 07/01/2014 is the effective date of the
most current negotiated rate, which in this example is July 1,
2014.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example: SULA2O12-007 5/13/2014. SU indicates
the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/13/2014 indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain in effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the
classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. OH indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that identifier.
A UAVG rate will be updated once a year, usually in January of
each year, to reflect a weighted average of the current
negotiated/CBA rate of the union locals from which the rate is
based.
----------------------------------------------------------------
https://sam.gov/wage-determination/FL202400222 4/5
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WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on
a wage determination matter
* a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
National Office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage
payment data, project description, area practice material,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to:
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
----------------------------------------------------------------
END OF GENERAL DECISION"
https:/Jsam.gov/wage-determination/FL20240022/2 5/5
19
1628
ATTACHMENT "C'
BYRD-ANTI LOBBYING CERTIFICATION
20
1629
BYRD-ANTI LOBBYING CERTIFICATION
APPENDIX A,44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding $100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant,loan, or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance
with its instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims
and Statements, apply to this certification and disclosure, if any.
Signature of Contractor's Authorized Official
Name and Title of Contractor's Authorized Official Date
21
1630
01ISC,'LGSIL7RE OF LOBB VING ACTIVITITS
1., Typt,of Feder.-h! Actiom 2 Stituscif Fede:ril _ ct:,iazm 3. RePort Type:
❑a. C012racl =,R.bA'0ffEr',NPPhCXt?DM ❑a',inital
b grMl b iLrrinl wwwd b nuzP-ria]change
d 10M For Materiall Chamgp.0,zly:
e. Loan pimnnlee, YEW_ q-ilnnel
f doaliim'nlmnce date of hil iqon
4. Name and Address af Rear ting En(W7 & IfRepordimg Emfily im No.41 is Smb aim mdee,
Emt@T N amie and Addiress of Primi?.:
ElPrime El&I bd'Wff&]2
T:iEr if k MCWL,
DiStriCt,if knO;%M ComSyesssamall Dlist.nicd,ff known
6. Federid,DepistmesbAgency: '7a Federal,Prognim.N4me,,DescTj:pdan:
CFDA.Numbez,ff qlin�cnbLe!
Federal Aidiam Number,if knowu: 9- Award Amaumt,ffhmown:
M & Name andIddress of Lobby EmbOr I Indhidnals,Perfirmiag Semi.zes, (iMdmdiing
(If indivitial,7aM name,dn't name,,Ml ndjzess if tffevml from.No. I On)
CA"sm nault,first name"ml�
:if necessan,)
11. Amaumtof Psymest(ch,*c k,id]dhai igpj1y) 13. Type�offaymemi(Chieclizad ibst i9ply),
xnal F—I Plamed F—I a- inammar
F—I b. ane-dme
12. Fenn of Paymezi�Check all that apply): C. coumus.,-Aou
F-I a- Z:ash d. cmriLgent fte
F-I b in-kiiLd. Kpecif� natize! e de fired
valle f athpr'ipKift
14. Rri@f'Descriq°bwn of Services Perfarmed or ta be perf6rmed.round Dste(,-)ofServille,isiltifflaff
offiger(s),., or member(,;)comiarted,fb:r PaTmf.mt Indicated in,Idem 11:
(Vach Contoxibon Shtelkls)if necessan,)
I& Conbmu-aidvam Shleet(s)attached: Yes ❑ No F-]
16. Im6kLmaban rliq-mitid.try,n# firm is z=ffiaruAd by,
SAPatize:
r;L=r4 wis p1mcod by tha tnaz x .swkw.a hia,t-Muctian
mm made,cr-auland imodiD, Ml�i Ica lomn, as rl;,T:ar4d. Print Name,
ptu-suant to 3.0 U,S 1352, 71s mf=dan WiLl bi;
ripmbid.to Ccagwu5 mm�=PiaHvv iimd.wil bs inmillabla,Er
Public 1-P-MM13 .433��pGrIM WhO firh M,ff.k th4,.vqadr;d. Tilh:
shaU.Eta,srz�jo:t.to 1,cm.]p4mobty af Mat lArn*!am
s"Urt'01010 an"i M&"Man thm I 1,N)"000 f3r;aZI ml fajl-=V. TeLephome"140. Daze:
Auth=ed tvy LIM:Reprodcxtim
Feeder it Use Onll,- slan'lim,d Form-LLLI
2-6c PAR7 2)�CCIUIP47Y
1631
INSTRUCTIONS FOR COMPLETION OF SF-LLL, - DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation
or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing
of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to
influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of
a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if
the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to
the information previously reported,enter the year and quarter in which the change occurred. Enter the date
of the last, previously submitted report by this reporting entity for this covered Federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime
or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks°Subawardee°then enter the full name,address,city,state,
and zip code of the prime Federal recipient. Include Congressional District,if known.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
level below agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g.,
Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract
grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include
prefixes,e.g., °RFP-DE-90-001.°
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a).
Enter Last Name,First Name and Middle Initial(MI).
i t. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check
all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned
to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply. If other,specify nature.
14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform, and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)
employee(s)or Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for
reviewing instruction,searching existing data sources,gathering,and maintaining the data needed,and completing and reviewing
the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project.
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90«ENDIF»2-
6d PART 2/COUNTY
23
1632
ADDITIONAL COUNTY FORMS
24
1633
FOREIGN ENTITIES AFFIDAVIT F.S.287.138
I, of the city of according to law on my oath,and under
penalty of perjury,depose and say that:
a. I am of the firm of
("Entity"), the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said proposal with full
authority to do so;
b. The Entity is not owned by the government of a foreign country of concern as defined in Section
287.138,Florida Statutes. (Source: § 287.138(2)(a),Florida Statutes);
C. The government of a foreign country of concern does not have a controlling interest in Entity.
(Source: §287.138(2)(b),Florida Statutes);
d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in
Section 692.201,Florida Statutes. (Source: §288.007(2),Florida Statutes);
e. Entity is not a partnership, association, corporation,organization, or other combination of persons
organized under the laws of or having its principal place of business in a foreign country of concern,
as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity.(Source: §288.007(2),
Florida Statutes);
f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: §
692.202(5)(a)(1),Florida Statutes);
g. Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204,
Florida Statutes.
h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from
purchasing the subject real property. Entity is either(a)not a person or entity described in Section
692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to
purchase the subject property. Entity is in compliance with the requirements of Section 692.204,
Florida Statutes. (Source: §§ 692.203(6)(a),692.204(6)(a),Florida Statutes)
i. The statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to(or affirmed)before me,by means of❑physical presence or❑online notarization,on
(date)by
(name of affiant). He/She is personally known to me or has produced
(type of identification)as identification.
NOTARY PUBLIC
My Commission Expires:
25
1634
COMMON CARRIER RESPONSIBILITIES AFFIDAVIT
F.S. 908.111
I , of the City of
according to law on my oath, and under penalty of perjury, depose and say that:
If Contractor is a common carrier, as defined by Section 908.111,Florida Statutes,then Contractor
hereby certifies that it is not willfully providing and will not willfully provide any service during
the Contract term in furtherance of transporting a person into this state knowing that the person is
an Unauthorized Alien, except to facilitate the detention,removal, or departure of the person from
this state or the United States.
(Signature)
Printed Name
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed)before me, by means of❑ physical presence or ❑ online
notarization, on (date)by
(name of affiant). He/She is personally known to me or has produced
(type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
26
1635
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative:
(Name and Title)
Address:
City: State: Zip:
Phone Number:
Email Address:
As a nongovernmental entity executing, renewing, or extending a contract with
a government entity, Vendor is required to provide an affidavit under penalty of
perjury attesting that Vendor does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or
confine any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person
when labor or services are pledged as a security for the debt, if the value
of the labor or services as reasonably assessed is not applied toward
the liquidation of the debt, the length and nature of the labor or service
are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or
possessing any actual or purported passport, visa, or other immigration
document, or any other actual or purported government identification
document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule
II of Section 893.03 to any person for the purpose of exploitation of that
person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of
perjury that Vendor does not use coercion for labor or services in accordance
with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida
Statutes, and agrees to abide by same.
Certified By: , who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:
Print Name:
Title:
27
1636
GAR couRr"
UA... Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: August 30, 2019
TO: Tania Stougliton
Executive Administrator, Fleet
FROM: Pamela G. Hanco*.C.
SUBJECT: August 21'BOCC Meeting
Attached is an electronic copy of the following item for your liandling:
C6 Contract wide All Power Generators Corp., for Emergency Generator Inspections and
Repairs.
Sliould you have any questions, please feel free to contact me at(305) 292-3550. Tliank
you.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid, Olin'"
305-294-4641 305-289-6027 305-852-7145 305-852-7145 1 637
SECTION THREE - CONTRACT
EMERGENCY GENERATOR INSPECTIONS
AND REPAIRS
MONROE COUNTY,FLORIDA
THIS AGREEMENT, made and entered into this � day of , 2019, A.D., by and between
MONROE COUNTY, FLORIDA, (hereinafter,the"owner"), and Al 1 Pbu>ex" (hereinafter, the
"Contractor"). G-eAesCjto fr CU-r
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
1. DESCRIPTION/SCOPE OF BASIC SERVICES
This project requires the furnishing of all labor, materials, equipment, tools, load bank,
transportation, services, and incidentals, and the performing of all work necessary in accordance with the
Contract Documents which consist of this agreement, Insurance requirements, Bid Documents and
Contractors bid response and addenda issued prior to execution of this Agreement and specifications
entitled:
EMERGENCY GENERATOR INSPECTIONS
AND REPAIRS
MONROE COUNTY, FLORIDA
A. Annual inspections of the approximately Seventy (70) 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 Is'. The annual major inspection will include
electrical load testing. Proposed inspection checklists must be included in Contractor's
proposal. Emergency inspections and repairs will be required at the County's Upper, Middle
and Lower Keys Facilities in Monroe County and at South Florida locations as directed by the
County.
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 technicians 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
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 13
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replacement. The cost for the replacement, will be considered an "additional service" under the
contract.
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 $100.00 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$100.00. 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 will require services under
this 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.
I. The 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 Contractor and electrician
will be required to provide related documents and/or credentials for all work performed and as
requested by the County.
J. Labor for Repairs should be construed as labor for repairs, major PM, inspections, etc. (Flat rate
labor charges will not be accepted.)
K. Additional Services: Additional Services are not included in the Description/Scope of Basis Services
Above. If Additional Services are required, the COUNTY shall request for the Contractor to provide a fee
estimate or proposal, or the Contractor may prepare an estimate as set forth in Section E above if the
repair work is considered uneconomical. Any estimate or proposal submitted shall be in accordance with
the Payment/Compensation rates and fees set forth herein. Only after receiving an amendment (if
required by the County's Purchasing Policy) and/or a notice to proceed from the County, shall the
Contractor proceed with the Additional Services.
2. TERM OF CONTRACT
A. This contract shall be for a period of One (1) year commencing upon the day in which it has been
executed by both parties.
B. Monroe County shall have the option to renew this agreement after the first year for Three (3)
additional two (2) year periods.
3. HOLD HARMLESS
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
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 14
1639
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
under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from 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
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 $300,000 Combined Single Limit
If split limits 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 COMMISSIONERS 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: $200,000 per Person;
$300,000 per Occurrence; and $200,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED.
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 15
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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
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.
5. PAYMENT/COMPENSATION RATES AND FEES
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 $ CtO per hour mechanic$ foG 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, $ 12C> per hour mechanic $ q 6 per hour helper.
C. Replacement parts—purchase price plus O %. Shipping charges will be reimbursed.
D. Hourly rate for specification development and other professional services $ C(O 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 $ 4-0
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 $1Z`per hour. 1dO '
Note: There are no additional costs for shop supplies, travel, mileage, meals, or lodging.
6. INDEPENDENT CONTRACTOR(S)
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
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1641
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.
7. ASSURANCE AGAINST DISCRIMINATION
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.
8. ASSIGNMENT
CONTRACTOR shall not assign or subcontract this agreement, except in writing and with the prior written
approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such
conditions and provisions as the County 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 manner or event be
deemed to impose any obligation upon the County in addition to the total agreed-upon price of the
services/goods of the CONTRACTOR.
9. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the CONTRACTOR shall abide by all statutes,
ordinances, rules and regulations 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 regulation shall
constitute a material breach of this agreement and shall entitle the Board to terminate this contract
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.
10. 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 mail, returned receipt requested,to the following:
For County: With a copy to:
Monroe County Fleet Management Christine Limbert
3583 S. Roosevelt Blvd. Monroe County Attorney
Key West,FL 33040 P.O. Box 1026
Key West,FL 33041-1026
For Vendor:
4\\ Pi,wer C�enefutUrs Corp
90y1 u.w. W) way
J�lEdleu �� �3i} S
11. FUNDING AVAILABILITY
In the event that funds from the Contract Services Operating Accounts are partially reduced or cannot be
obtained or cannot be continued at level sufficient to allow for the purchase of services/goods specified herein,
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 17
1642
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 CONTRACTOR(s) until the CONTRACTOR(s) has received written notice of termination due
to lack of funds.
12. 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 the Notice of
calling for Bids. The CONTRACTOR shall at all times exercise independent, professional judgment and shall
assume professional responsibility for the services to be provided. Continued funding by the County is
contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of
CONTRACTOR.
13. PUBLIC ENTITY CRIME STATEMENT
A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity
crime may not submit a proposal or bid on a contract to provide any goods or services to a public entity, may
not submit a proposal or bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit proposals on leases or perform work as a CONTRACTOR, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted Vendor list. Category Two: $35,000.00
14. TERMINATION
A. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY
retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for
cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at
the time and in the manner herein provided. In the event of such termination, prior to termination, the
COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the
CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the
Agreement will be terminated for cause. If the COUNTY terminates this agreement with the
CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for
damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event
exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-
721 et al. of the Monroe County Code.
B. If the CONTRACTOR fails to fulfill the terms of this Agreement, or attachments, properly or on time,
or otherwise violates the provisions of this Agreement, the County may terminate this Agreement upon
five 5 Calendar days written notice to the CONTRACTOR. The County shall pay the CONTRACTOR
the contract price for goods delivered but not paid for on the date of termination, less any amount of
damages caused by the CONTRACTOR's breach. If those damages are more that the amount due the
CONTRACTOR,then the CONTRACTOR shall remain liable to the County for the excess amount.
C. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, .the
COUNTY shall have the right to terminate this agreement after five (5) calendar days written
notification to the CONTRACTOR.
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D. For Contracts of any amount, if the County determines that the CONTRACTOR/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall
have the option of (1) terminating the Agreement after it has given the CONTRACTOR/Consultant
written notice and an opportunity to demonstrate the agency's determination of false certification was in
error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the
conditions of Section 287.135(4),Florida Statutes, are met.
E. For Contracts of $1,000,000 or more, if the County determines that the CONTRACTOR/Consultant
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
CONTRACTOR/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan
List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been
engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the
Agreement after it has given the CONTRACTOR/Consultant written notice and an opportunity to
demonstrate the agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section
287.135(4),Florida Statutes, are met.
F. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any
time, upon one (1) weeks' notice to CONTRACTOR. If the COUNTY terminates this agreement with
the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this
agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds
remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending
cap in this Agreement The CONTRACTOR may cancel this Agreement without cause by giving the
COUNTY thirty (30) days written notice of its intention to do so.
15. MAINTENANCE OF BOOKS,RECORDS, DOCUMENTS AND RIGHT TO AUDIT
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this
Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be
retained for a period of seven years from the termination of this agreement or for a period of three years from
the submission of the final expenditure report as per 2 CFR §200.333, whichever is greater. 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 Agreement 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.
Right to Audit:Availability of Records. The records of the parties to this Agreement relating to the Project,
which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it
can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid
recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence;
change order files (including documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and
dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the
Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to
this agreement, and all other agreements, sources of information and matters that may in County's or the
County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations
under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 19
1644
inspection and subject to audit and/or reproduction by County's representative and/or agents or the County
Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees
at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,verifying information and
amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and
contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project.
The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities
relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement,
the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03,F.S.,
running form the date the monies were paid to CONTRACTOR. The right to audit provisions survives the
termination of expiration of this Agreement.
16. GOVERNING LAW, VENUE, INTERPRETATION
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.
In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this 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 interpretations of the terms or a term of
this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of
any other administrative or legal proceeding.
17. SEVERABILITY
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 extent by a court of'competent 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 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 intent of the stricken provision.
18. ATTORNEY'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, courts 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 customary
procedures required by the circuit court of Monroe County.
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19. BINDING EFFECT
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 assigns.
20. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this Agreement
have been duly authorized by all necessary County and corporate action, as required by law.
21. 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 further the purpose of this Agreement. Any conditions imposed as a result of funding that
effect the Project will be provided to each party..
22. 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 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. . This Agreement is not subject to arbitration. This
provision does not negate or waive the provisions concerning termination or cancellation.
23. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the formation,
execution, performance, or breach of this Agreement, County and CONTRACTOR 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 Agreement.
24. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY 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. CONTRACTOR or COUNTY agrees 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 VII of
the Civil Rights Act of 1964 (PL 88-352)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. 1681-1683, 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 (PL 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 patient records; 8) Title VIII of the Civil Rights
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 21
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Act of 1968 (42 USC s. 3601 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. 12101 Note), as may be amended from
time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14,
Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11)Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
During the performance of this Agreement,the CONTRACTOR, in accordance with Equal Employment
Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.;p. 339), as amended by Executive
Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and
implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows:
1) The CONTRACTOR will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR
will take affirmative action to ensure that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment, upgrading,
demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR
agrees to post in conspicuous places, available to employees and applicants for employment, notices to
be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.
2) The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of
the CONTRACTOR, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or
applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not otherwise
have access to such information, unless such disclosure is in response to a formal complaint or charge,
in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the CONTRACTOR's legal duty to furnish information.
4) The CONTRACTOR will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by the
agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR's
commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies
of the notice in conspicuous places available to employees and applicants for employment.
5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his books, records, and accounts by the contracting agency and the
Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,
and orders.
7) In the event of the CONTRACTOR's non-compliance with the nondiscrimination clauses of this contract
or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended
in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts
in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such
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1647
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided
by law.
8) The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or
vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as
the administering agency may direct as a means of enforcing such provisions, including sanctions for
non-compliance; provided, however, that in the event a CONTRACTOR becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the CONTRACTOR may request the United States to enter into such litigation to
protect the interests of the United States.
25. 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 only interest
of each is to perform and receive benefits as recited in this Agreement.
26. 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 112.313, Florida Statutes,
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.
27. NO SOLICITATION/PAYMENT
The County 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, 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. 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.
28. PUBLIC RECORDS COMPLIANCE
CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and.Section 24 of article I of the Constitution of Florida. The County and CONTRACTOR shall
allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other"public
record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,
and made or received by the County and CONTRACTOR in conjunction with this contract and related to
contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this
provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms of this provision in the form
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 23
1648
of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and
costs associated with that proceeding. This provision shall survive any termination or expiration of the contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the CONTRACTOR is required to:
(1) Keep and maintain public records that would be required by the County to perform the service.
(2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested
records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of the contract if the CONTRACTOR does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost,to the County all public records in possession of the
CONTRACTOR or keep and maintain public records that would be required by the County to perform the
service. If the CONTRACTOR transfers all public records to the County upon completion of the contract,the
CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the contract,the CONTRACTOR shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County, upon request from the County's
custodian of records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly to the
County, but if the County does not possess the requested records,the County shall immediately notify the
CONTRACTOR of the request, and the CONTRACTOR must provide the records to the County or allow the
records to be inspected or copied within a reasonable time.
If the CONTRACTOR does not comply with the County's request for records,the County shall enforce the
public records contract provisions in accordance with the contract, notwithstanding the County's option and
right to unilaterally cancel this contract upon violation of this provision by the CONTRACTOR. A
CONTRACTOR who fails to provide the public records to the County or pursuant to a valid public records
request within a reasonable time may be subject to penalties under section119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 121—H Street, SUITE 408, KEY WEST, FL 33040.
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 24
1649
29. NON-WAIVER OF IMMUNITIES
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the
CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to
contain any provision for waiver.
30. 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 public agents or employees of the County, when performing 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 officers, agents, volunteers, or employees outside the
territorial limits of the County.
31. 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 imposed upon the entity by
law except to the extent of actual and timely performance thereof by any 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.
32. NON-RELIANCE IN NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the CONTRACTOR agree that neither the County nor the CONTRACTOR or
any agent, officer, or employee of either shall have the authority to inform, counsel, 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 community in general or for the purposes
contemplated in this Agreement.
33. 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.
34. 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.
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 25
1650
35. EXECUTION IN 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 instrument and any of the parties hereto may
execute this Agreement by signing any such counterpart.
36. SECTION HEADINGS
Section headings have been inserted 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.
37. MUTUAL REVIEW
This agreement has been carefully reviewed by CONTRACTOR and the COUNTY, therefore this agreement is
not to be construed against either party on the basis of authorship.
38. UNCONTROLLABLE CIRCUMSTANCES
Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the
extent that the delay or failure was caused directly by an event beyond such Party's cod trol, without such Party's
fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been
foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or
other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is
declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)
government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on
or after the date of this Agreement; (fl action by any governmental authority prohibiting work in the geographic
area of the Proiect;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform,
changes in cost or availability of materials, components, or services, market conditions, or supplier actions or
contract disputes will not excuse performance by CONTRACTOR under this Section. CONTRACTOR shall
give County written notice within 7 days of any event or circumstance that is reasonably likely to result in
an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance.
CONTRACTOR shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The CONTRACTOR may
only seek additional time at no cost to the County as the Owners Representative may determine.
39. FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not
limited to:
39.1 Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). When required by Federal program legislation,
which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal
entities must comply with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented
by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORs
must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in
a wage determination made by the Secretary of Labor. In addition, CONTRACTORs must be required to pay
wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 26
1651
determination issued by the Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,
which includes emergency Management Preparedness Grant Program,Homeland Security Grant Program,
Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and
Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs,
including the Public Assistance Program), the CONTRACTORs must also comply with the Copeland"Anti-
Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"CONTRACTORS and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or sub-recipient is
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work,to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY
must report all suspected or reported violations to the Federal awarding agency.
(1) CONTRACTOR. The CONTRACTOR shall comply with 18 U.S.C. § 874, 40
U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which
are incorporated by reference into this contract.
(2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any
subcontracts the clause above and such other clauses as the FEMA may by
appropriate instructions require, and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts. The prime contractor shall be
responsible for the compliance by any subcontractor or lower tier subcontractor with
all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
39.2 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in
excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§
3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.
§3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible provided that
the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours
worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to
construction work and provide that no laborer or mechanic must be required to work in surroundings or
under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply
to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
39.3 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition
of"funding agreement" under 37 CFR §401.2 (a) and the recipient or sub-recipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that"funding
agreement,"the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the
awarding agency.
39.4 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C.
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 27
1652
1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act(42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency(EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal
Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and sub grants of
amounts in excess of$150,000.
39.5 Debarment and Suspension(Executive Orders 12549 and 12689)—A contract award (see 2 CFR
180.220) must not be made to parties listed on the government wide exclusions in the System for Award
Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 Comp.,p. 235), "Debarment
and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
39.6 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)—CONTRACTORs that apply or bid for an
award exceeding$100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or employee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,
grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-
Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non-Federal award.
39.7 Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amended,by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency(EPA) at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level
of competition,where the purchase price of the item exceeds $10,000 or the value of the quantity acquired
during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a
manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
Other Federal Requirements:
39.8 Americans with Disabilities Act of 1990, as amended(ADA)—The CONTRACTOR will comply with all
the requirements as imposed by the ADA,the regulations of the Federal government issued thereunder, and the
assurance by the CONTRACTOR pursuant thereto.
39.9 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY
that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the
performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The
DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The
COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321( as set forth in detail below), applicable federal
and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 28
1653
of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S
BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract
goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following
affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area
firms are used whenever possible.
b. Affirmative steps must include:
1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
2.Assuring that small and minority businesses, and women's business enterprises are solicited
whenever they are potential sources;
3.Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit
maximum participation by small and minority businesses, and women's business enterprises;
4. Establishing delivery schedules,where the requirement permits,which encourage participation by
small and minority businesses, and women's business enterprises;
5. Using the services and assistance,as appropriate, of such organizations as the Small Business
Administration and the Minority Business Development Agency of the Department of Commerce.
6. Requiring the Prime contractor, if subcontractor are to be let,to take the affirmative steps listed in
paragraph (1)through (5) of this section.
39.10 The CONTRACTOR shall utilize the U.S.Department of Homeland Security's E-Verify system to
verify the employment eligibility 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
employment eligibility of all new employees hired by the subcontractor during the Contract term.
39.11 Access to Records: Contractor/Consultant and their successors,transferees, assignees, and subcontractors
acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security
(DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents,
information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or
complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records,
accounts, and other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS regulations and
other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate
DHS officials and maintain appropriate backup documentation to support the reports.
39.12 DHS Deal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos,
crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval.
39.13 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or
modification, change order, or constructive change of the agreement must be within the scope of any Federal
grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project.
Any contract change or modification, change order or constructive change must be approved in writing by both
the COUNTY and CONTRACTOR.
40. FDEM CONTRACT REQUIREMENTS
If this Agreement is funded by the Florida Department of Emergency Management(FDEM), The
CONTRACTOR will be bound by the terms and conditions of the Federally-Funded Sub-award and Grant
Agreement between COUNTY and the Florida Division of Emergency Management(Division).
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 29
1654
The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature
arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and
required by law.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 30
1655
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written
ounterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an
ct.
BOARD OF COUNTY COMMISSIONERS
e MADOK, CLERK OF MONROE COUNTY, FLOIDA
J�
p}Ya yJ �� M1J
By:
/ Deputy Clerk ayor/Chairman
Date: `
(SEAL) CONTRACTOR
Attest:
BW. " By: U
WITNESS
Title: ' C� �" ���22 Title: �`� ,a"t
By: A —e=A
WITNESS
Title:
MONROE COUNTY ATTORNEY
MP V D As TO OR M
act A
CHRISTM LIMBERT-BARROWS
ASSISTANT UNTY A ORNEY
DATE: om
1 CD +'
<-1 7 r-D
Q
li. Cr) ;~,-�
C .LJ
CD
0
C S
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 31
1656
NON-COLLUSION AFFIDAVIT
I, Ztj C,.n 0 Garci G of the city of µmock-� Grid r, according to law on my
oath,and under penalty of perjury,depose and say that:
1. I am JtAc4n 14. G acu c.
of the firm of PrI l N-wec Corp
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
N)--nYde Cwn N IC-kcvric C
and that I executed the said proposal with full authority t do so:
2. the prices in this bid have been arrived at independently without collusion,consultation,communication or agreement for
the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any
competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by
the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor;and
4. no attempt has been made or will be made b the bidder to induce any other person,partnership or corporation to submit,
or not to submit,a bid for the purpose of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full knowledge that
Monroe County relies upon the truth of the statements contained in this affidavit in awarding
contracts for said project.
(- h -1- 1 a 01G
(Signature f idde (Date)
STATE OF: F k
COUNTY OF: 1�1klim� pacl�
y A t, "
PERSONALLY APPEARED BEFORE ME,the undersigned authority, � C-�6Z C.i who, after first
being sw by me,(name of individual signing)affixed his/her signature in the space provided above on this Ste- day of_
20 Lf•.
NOTARY PUBLI
ANA P.MEJIA
My Commission Expires: v N ?_ t -�o�ti •`��.�'�' Notary Public State of Florida
••; Commission # GG 005904
My Cm om.Expires Jun 27,2020
%,OF
.1', Bonged throuUt "rational Notary Assn.
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 32
1657
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
A 1 ('d w Cr G-er-,Cr a'ru r r CoL F warrants that he/it has not employed, retained
or otherwise had act on his/its 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,terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover,the full amount of any fee,
commission,percentage,gift, or consideration paid to the former County officer or employee.
(signature)
Date: 1 1 OL Oct
STATE OF C►I icy cl
COUNTY OF
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
ho,after first being sworn by me, affixed his/her
signature(name of individual signing)in the space provided above on this 1 day of
20_L�
NOTARY PUBLIC
My commission expires:
OMB -MCP FORM#4PCB.,, ANA P.MEJIA .
:°• .`�; Notary Public-State of Florida
•: •= Commission #GG 005904
'.;�; P My Comm.Expires Jun 27. 2020
�''� F na••, Bonded through National Notary Assn.
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 33
1658
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
411 P�W1✓r G e_n erC-tC1 rj' CCj rV
(Name of Business)
1.Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled
substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace,the business's policy of maintaining a drug-free workplace,
any available drug counseling, rehabilitation,'and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement
specified in subsection(1).
4. In the statement specified in subsection(1),notify the employees that,as a condition of working on the commodities or contractual
services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or
plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes)or of any controlled substance law of the United
States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is
available in the employee's community,or any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section.
As the person authorized to sign the statement,I certify that this firm complies fully with the above requirements.
Bidder ignature
1 a o \C%
Date
OMB-MCP#5
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 34
1659
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s): cmc.E Nen" CO 'enercktur'T TnSmectlon ctnL► 2epaCs
Respondent Vendor Name: Co-enet at"1'p Cor-P
Vendor FEIN:
Vendor's Authorized Representative Name and Title: 5V4n R. G c;r6 q p r e�le1 err
Address: q a 4( �3 •W• �0 W CLy
City: State: FL Zip: 331}Q)
Phone Number: 3O5— 53�>J Q— C)U,<;`1
Email Address: C11 k "R
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a
contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies
that Boycott Israel List,created pursuant to Section 215.4725,Florida Statutes,or is engaged in a Boycott of Israel. Section 287.135,
Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for
goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s.215.473,Florida Statutes,or is
engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled
"Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and
for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List,or engaged in business operations in Cuba or Syria.
I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil
penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the
County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott
Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: -Z L-b r) i2_ C-,arcs ca.- 1XPg:i cler\1 ,who is authorized to sign on behalf of the
above referenced company.
Authorized Signature:
Print Name: CMUur) rG�
Title: cA e n
Note:The List are available t the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing
/vendor information/convicted suspended discriminatory com
plaints vendor lists
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 35
1660
INSURANCE AGENTS STATEMENT
I have reviewed the requirements with the bidder named below. The following deductibles apply to the
corresponding policy.
POLICY DEDUCTIBLES
CxA*tu,In-e d
c-u-�,4-tu,-L
Liability policies are Occurrence Claims Made
Insurance Agency Signature
BIDDERS STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
A , 4
Bi rSignature
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 36
1661
CREDENTIALS
MONROE COUNTY FLEET GENERATOR BIDS
1. Customer References: Company Name, Phone Number, and Email Address
Q MiGLM� Cr,6ee cal1eke 10(0 - 3t0j _ 3l003- mm�rardG QrndC, edgy
cki Of �x1 r-ore-%('r q s4- S4$ - U 3j-'b Uc,frawi" C, Ci. Fr;ramur, pl ,US
Ci '18(o - 4s9 -63?,4 - cJfredo perezU►2 .Q rni i �3e�ch {=l aoo
6) C%43 Of l3GCC4 RC,, cIj LOG"ersofr) 6? C%, bocci —rC,+(Jn ,FX-UV-
�USG,Q� k�nro (oGGPj Lo G,II,ef .C(J,-n
2. Number of Service Technicians a
3. Service Technicians' Home Base, City and State
Name SIJ ar-c% a
Home Base: City►_I,kGm, , State r-L
Name CGCLO &Xcarc i q
Home Base: City �c-Y'Y%► , State L
Name o►J u 4:-v-L 7 re.a o
Home Base: City -\ornec-m cl , State P L
Name U W rU 7 n 1(u C
Home Base: City L,t i c� , State PC
4. Attach copies o£ Applicable Degrees, Certifications, Licenses, Training, and Experience
May 2019 Competitive Solicitation for Emergency Generator Inspection and Repairs 37
1662
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1682
State of Florida
,m eertment of Agricultu
re and Consumer Services
Division sion of onsurrl r Set-vices,
iCr rt'Hicatw No: 18651
1-'� C Issue Cute: Nayvernbe 4,2018
Fxpkatian Date: Na vwra bar 11,2O21
T Hah ssee, Florid Exam: M5
Master W li ier Certificate
This Cerhficate is issued under authority of Section 527.02, Florida Statutes, toa
CARLOS ANTONIO GAIRCIA
'3714a
ALL PURER GENERATORS,R t,a�;?R _. .._. ...
1984'1 [,JVV 1 1 T'T_p WAYA6�AC 1 K PU rN M
1IEU EY 1`1 331 78 11115 COWSSIONER OF A RICU f L1Pd!:',':'.
1683
State of Florida
Department Agriculture and Consumer Services
�1 DNvwsNn of conskANTIf N-vices
License Number 1 N t'/144
Bureau of UgUefi d PetroQeum Gas �nspecfion Effective Nate, Seplerniber 1,2018
(85NO�) 1-1 00 Expiration Date: AugusN 31,2019
POST LICENSE Tallahassee, Rodda
CONSPICUOUSLY
1tdSNY Liq
uefle Petroleum Gas License
LP" GAS INSTALLER
GOOD FOR ONE LOCATION!ONLY
ANY CHANGE OF OWNERSHIP OR SALE OF THIS BUSINESS RENDERS THM LICENSE
INVALID
This license its issued sander authority of Section 527,02,Florida Statutes to:
ALL POWER GENERATORS, CORD 49i
9841 'NJ�" 117TH WAYiDA .N-4N N AN
MEDLEY, FL 1/78-101 Cr�NU MISSI'ONER OF AGRICULTURE
1684
Number td fw4wntm Fuaatl Tac',W �aW Par�NIR' currant
UANs' Number tq uYFmm�am4. Nam 54631 Number Ukamaa Locatlarn pool CIA" RW A ACO Data'
Stlan 0 ECh}1.Load 'skaters
CLASS. U01ZZZZZZZ-PORTABLE GENERATOR
1 0"3R'A"'WWW 1993 M,CIH1LER 1508071103. 3M232 1312,91 ISA.'rSHC1REGFN FAC20501 L1U1Z22 ISO 15040 6.50 9p3s''199;9
2 CN13'1214E 1994 KOKER 1.5RC12 3�21517 N/A Sao IPWNE SIR CT'2 FAC20601 W111"za2222 '1s 151114°A'1 20 3d1W1994
3 09OWS92'9 2607 TAM111R POWER 9GRWW 20764 N/A CU'CWt7E S,HIA W N..2'IY5t15 ti'kh1la'L.'19'2'. so '"tM7loo 440 V121' 07'
4 "W/5935 ?Q07 DfYAQT WtlE,S(L 15OKW 115915232R 79A51S41p IN„rA XW"GARAGE IFAC20WI IJOIZ?7= 1551 51210,00 5.531' 4/10 1{17
5 G95 15" 2993 WEd831EA ImflG12WS111 335563 131209 KW PORTABLE FAC26501. 4J98c2""s"1"2"i2 100 151t:.411 S"FX) 9/3/'1.993 '
6 CN'C3u%73 1993 WIWNEFR 15090421111 315257 1312�92. KW PCIRTA9LE FAC20501 ILWC'1=lrlr Ilso 150V 6,50 913R7/'1993'
7 QXIF0049 2011 NOR'GH'STAR a1NEA.SSW WA17 GEN. GCAJT13tW3WT'1'3 WA WMW PIIR'1'AUE FAC241.5611 u41222= 5150 Soo 1.125 3ar1CW2111
9 31'994 2002 SPECIRUM'soos 1 7051:96 16E084 WW11PORTABLE FAC205911 C1OLZZZ= 911 1.35.00 400 703i12CC11.
9 0903d'2U441. 20'•I1 NCIRTHS'T'AR GENER SSW WATT QIN 'GCCAdT�1317da3S NIA LOWER KEYS FAC,9601 4W4t2222.= 5.50 SOD 1125 31113/4011.
ID ow'l s$A9 20067iEAFM"G23d1 M176E146525•2 7'ARS2'.5 MAR EOC.G�EN FAC20501 L11112:Z2.22,22 170 230.1 8I.00 6f3r3l2CP15
;1.1 591137'a634. ZX7 DETR'W9T'1YYiEsEE I'SIRKYWW 1rW232'W7N61S4E9 WA MAR EIM;Glow FAC20501 'L01'711'2'P222. ISO 54'tiw 5.511' 4,W1Qf24347
12 090BA706 2006 GENE.R:11C ISKW 44,', 6'.7 WA MAR GARAGE F'AC21501 ljot.,ate. 1,5 3.E0 .21000' 2120V2TiC'E
13 4101592 2002 SPECTRUM 30mri V5582 1.53.115 M4AA GARAGE FVE1 FAC'.20501 UGIZULM 30' 11.5,00 2.19Wk 7p231 ool
14 091 M,1 KOHLER 1CCrRR721 t91. "5611. 131290 MAN PORTABLE FAC20501 U01=212 = 150..00 5.00 9/V1993..
15 1N41W712 8013.MAGNUM POWER M,MMG175.01. 'S13JCv;51826C1E3'Yk3492 1691103 MAR PORTABLE FAC2;0501 LAIMI.'ZU V5 3617.:00 7150..
36 11 3W771.3 nI3 MAGNUM POWER MAM 6205-111 5AA531327C7t3'34W449E1 1383'S54 MAR POR..TAa1E FAC21b.&1'1 va 12,T,17.2' 205 350,DO p,so
17' 01 251.9 1'RAWVNkN':ra$400x:w G EW MAIOR lf%M242WSrM403V9 210707 MA.R.IP11R1"A411E EA420503. RMOADZ1.174Z 401 CrWL00 1..3.nii v1s/211'19
1R, 690'33'l792 201E'1'RAOEMWMIES 40a,WW GENE RA FOR 10GM41W1'1G6'M45HAO 226670 MAR.PORTABLE IFAC2115111. 1.11041021374'7 41 $4,00 2.50 4q"2I`2019
19' c19C3'un9" 20025WGC'TRUM48wMi 705.1.94. 15311.1 MAR PORTABLE COA20605 UW121"Z2= 'IRE' 115,0) 4.00 7/n/2001.
211 47,NF3y'9d#4 1002 SPECIrRUM13N70SU 70481 1311.79 MAR ROM ARIE FAC20501 wolzuzzzz. NY 1l's'w 2'.5d 7a123/2CRJ1
21 G19d13J%3 2004 SPE('1RUM WOSU 7'35195 1S4404. MAR PC1AGARIE'. FAC20501 1A712?'R7;Y.2'2. 66' 0S,43 4.111s 71'23�XQI
22 Wacker New"G'14Geove l4r MAR PORTABLE 1420 21.40 1,34 ETA.'k919 Ta repNaruta
19E16144'F7
p,5 WWac"Ira,Newmo G40 G�waw MAR PORTARIX 40 WJ 94..'90 2.55E VGA 420,19 To replace
09EI
24 Trarla^akmd140KWV MAR PORTABLE 40.10 $4100 2.1501 ETA2619
25 Tradlew nol 14KWfl1 MAR PORTABLE 14.1911 66.04E 0.719 ETA 2919'
26 TradaWwlim'da 1401 MAR PORTABLE '14.91Y 65,.C19 1175 VA'2019
27 'drcada+rwlada 14XW IMAM'Pf1ATA61E 14.00 615.03 Ch'25 ETA 21119 r.
1685
ftuff4W of squ4wmnt FwNvmmk G41INNHR tvreat
U110" Nunthw fqu"ol D*W*dw 11ww4li Numbot (1c4o'st to"*" DONNA oars KWO 54A 9 0%Lood ACQ D*W stows
CLASS: UO3ZZZ7Z7 -STATIONARY GENERATOR
I GENoctv 3992KOKERG0111RA1011 looAoZXl N/A 8COP0IT PR GEN FA01r50I U0122= 100 WA 5100 3XIM
2 %NCROZ nLa GENERAL 15KW 300US26194 PIJA CRAIG SMITH FAOV%l =27=1 15 K E40
GENWHlEFv 093 WAKNOWN(ENKRATOA NfA NIA DETENTION kW awaw5 W$zm= $0 14d Nnta S,W Wulm
4 GENCWS 2013 DETRN7 DIESEL 12StOW65PA 3M312 NIA FIRE RESCUE Fm 20501 UO3mml IND 1=100 7 LOD 411212o13
5 GPI MARK J"S MILEA GENERATOR 3,M733 N/A HAPvEYcTRGm: FAC20501 uo3z=z sw 10DWIM 221m 4jaw24wj
6 %NKLASt 2003 WMM[,NS GtWAATCA 1020216$22 NIA KI MM11%IWA cfwsHFA uciz= 25 xkw 2150 1111=3
7 OW,Z)AM 1986 CAI 3412DI:T 5,NA06440 N/A Kw4:10(1H4`GcN iFAC210 l UW=Zzu: Sao MAIL 00 22,50 4/1 386
$ 451EWAIMAN 2W7 CUMM01%750M !NIA NIA KW f REEMAN GEN 'PAC2MI 1.10=2ZI 750 1be41mto 25 w
5 GENGATOR 2002 CAW GEK RATON NIA WA KWGAt0GEN IEAQOWI uoliz= 6w IM)MOO 2300 807/2002
10 rmzis 0 1995 CA r SR4 ZQ04511 NIA KW NEW JAI A GE IN 1-I11N205E15 UoiLTIUZZ" MIX VIM 312)1"9
11 GIN,KWDJJ 1"5 CA V SRA GNA040" NIA KW NfW Wt Gf,N CON20505 W3ZTJ2722 NIA $00-00 NIA 112/1"9
1,2 G,kNKW0xL 1"' o cUmWw!wlrmnW 61f w NfA N/A KWCRDJAA FAC..�05,01 uo322z= �,io %0*0 W-00 0110/1593
13, GENIKWSAD IVJ3 KI,*iOR f"IMEN 36 1 MS NIA KW SHER ADM" cjo1R2ow5 Im3razull NIS) 8=40 25.r* 113e19"
14 GENSTIPS 2013 KOKER lWRECMF 5,GM321645 N/A Shad hka.d H'a swtmg FACZMI U032=2! ISO 25W0L 2715C 611412,OZ9
15 GENW5NILD zwl cummil"s WKW KOM415564 NIA WtTt$VMMfAIAND COMSHER wu2z= w ZOOM, 2,70 9/812003
- -16 GENK&CHIL 1993 m IX)$=UFH 10 1 352395 N/A MAR AIR CNIttER IACIE6(L1 UD347-vv! w no= 7-00 SIUVWX
17 GENM"A Z=!"LES WA0fbD 2405m NIA MAR AIS RUNWAY APM63,5'191 uo3u7m2 $0 395-00 4,00
is GENMAECK 1993 P)HUEA 1W)R112'SIDI 2"480 NfA MAR tOC WN FACX Olj LAWIZ7,72 $110 ImXoo 700 W18/1998
19 GERMARGA, 1,992 5PKTRUM a,)A N/A NfA MAR GARAGE FAC121:rAl Uolz= 100 5w 00 Soo 344/1999
20 G"mit)fx 2NX C LIMMAS M'W GENER A rlrA� N/A WA MAR MED EXAMPNE FAalo.wl L*12=2 'UM Kw,rlo 17,00 602012m
21 MAIW14 2014 tAA0tWlNjD5 1AOK(3OTX ff XEWWDIXAM403t1Q V07073 MAR KA TAR Ll PACML RR04000I441 4M,001 '$,DOW 1400 913=00
22. GEMMA5HE 1994 KoHrIER wRcv= N/A WA MARSKR 54ASTA cr.m2omn uo3zz= 60 :4KSloo 3.1% Vul"')
B Mue$10 61ww MARATHON AMA SA w 19E1.00 llso ETA 042019 Tamp4cv
=am
1686
28 TeadoWdl IAXW [MAR PORTABLE MW 65,00 0,75 VTA 2019,
29 Irldowind$14KW LAMAS WHALE 14M 651W 0 7S ETA,201%
30 OW9/7047 2011 NORTHSTAA GENER SWO WATT GIN GWI MOM NIA MOW KEYS FAC20501 uoizzzzzzz $30 5 00 1,25 3)1MW2011
31 Ml�114 Mg KOHLER FARM81 276769 WA PK F Uft GE N P&CIMI uov7zzm w Moo 3 20 IVIVI"a Out ol
somAce
12 MAU 2001 SPECTA UM1 80MJ 7051W 2F'AN214 PK IMAIAW 1'A42M.11 Lm)lnz= so %Wco 4,00 7/7149'13 fm of
SeNice
33 MASS 2W2 SPEMUMwo5fil 70519I 153118 RK MK)RTASLE FAUDWI UDIU= so 135,100 4,00 7n V200 I
3A 0903AS7 2002 SPECTRUM 3ODS1.1 70sm 331276 PK PORIAOU FACMWI U0122zmz 30 115,00 2 so 7/ZVm
I's M3/989 2CO2$FtCTRUM 40054a 70sag7 153116 PK POR rAm E FACM01 W Manz 40 IMOU Zio MUM
36 Mml 2L,02 SPSCMUM Woul 2r3$8$4 15W PK POATAM E FA4:2C1501 Uo Ualrin 20 115INq 4,50 1/2 Lpm 1
37 0903ON8 7011 NCA7H5rAR GEMER SSW WATI GEN GcAiTIUMMOS WA UPPO K MFf5 FAt,'20501 volUaM 5150 sloo 111115 3/102021
Mg*a c"Fa 00
A,*"
C4L4m ffL,29
Nu.ba 00 Equownt FuOl T" 6411 Pew HP: curmm
Elwo"ffila a-010- WW Numbef Lk*mt L0000. Depon Con IKW, $44 W%Lod ACQ Oma MA"m
CLASS. UOZZZZZZZZ-SKID MOUNTED GENERATOR
ImMill EM
I QNSP05 20M 0frRMT ILAIML GENERATOR IsmKW3 N/A PINE ROE G ACM01 L102ZMZU tw 2,"40 Tw M2"
2 GENCPAL M 6ENI"At GENt-AA,TOR 20M55 N/A KW C!l H C�N III R Gk IrAc2owl 110=42VI 2715 40M.100 IIAM VVIZM
3 M IAD13 1994 AIM 90HILER MS 33S439 WA KW No TA",GE N IrAUOVI UNUMV2, ?o lWoo 2AW V12/119194 out ol
4 5INMRRAY 2009 K 0XIA rIoKW 2224 MI NIA M41 WLSVO GEN FAC2Mi W 2 zz Z= 60 Moo 2 10 qwnw
5 GEN5GS5 M UNKNOWNWIMERATM NVA NeA s6k F fla GE N fast2wo UOZZZZ= 25 L30M 2M pl/lq"
6 MAIM 2MACY7IAYL0RlPQVaR2WXW(ANEMATfA 2W60 PWA MAR WE CAN CORZO505 ma= 2C0 Moo 8100 vz9v2w2
7 ISM/4838 1990 WOVILEA Wtaz 139662 N/A P*5R021dkN FAC20$01 MM.U.7.72, L$ I as M 150 IMI/V594
ftflart Caunt 04
Adtw
1687
24 3200/079 1993 KOHLER ISROZ 292948 N/A CARD SOUND GEN CSD22502 U037777rn 25 500.00 2.50 9/30/1994 Outof
Service
25 GENPKCTH 1990 SANFORD 250DBF2 K910436599 N/A PK COURTHOUSE FAC20501 U0372n'= 325 2500.00 13.00 12/18/1998
26 GENPKELL MG KOHLER 50ROZJ61 201446 N/A PK ELUS GEN FAC20501 UO3I22272Z 50 500.00 22.00 12/18/1998
27 GENPKSHR 2004 SANFORD GENERATOR M031071554.1 N/A ROTH BLDG GEN COR20505 1.1037776M 670 1500.00 25.00 1/1/ZOD4
28 1437/492 1993 KOHLER 80ROZJ 395843 N/A TAVERNIER FIRE FAC20501 U0372= 60 150.00 2.70 3/23/1998
29 GENLKSPT 2003 GENERAC GENERATOR SE0025•A163.0VISEBYY N/A UPPER KEYS COMSHER U037277777 25 Propane Propane B/10/2003
Distinct Count of
Active
Equipment:28
Total of 64 Active
Generators
1688
CERTIFICATE OF LIABILITY INSURANCE DATE U'DYYY,
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 poliey(ios) must 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 endorselnent(s).
PRODUCER NAML•:MR: NORAL4FAURIE
Insurance Plus Im. PHONE 305-387-0222 FAX 305-387-0224
14335 SW 1201h Street S 114 ADDRESS: insurancaptu=.,alcg9ma8•crim
INSURER[ AFFORDING COVERAGE NAICA
hGarii FL 33186 INSIIRERA: SCOT;rSDALE 41297
INSURED INSURER,: PROGRESSIVE INSURANCE 11760
ALL POWER GENERATOR,CORP INSURER,: SCOTTSDALE INSURANCE OM2
9841 NW 117 Way IN,,RE,D: BRIDGEFIELD EMPLOYERS INS. 12158
INSURERS: TRAVELERS CASUALTY MID SURETY 31194
huami FL 33178- INSURERF:
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 RtEDUCED BY(PAID CLAIMS.
W,S TYPEOFINSURANCE ADDLSU!]A POLICY IIUMflER ! 1.L11 f1Odl^EC�F 9 APL02,S Yif P L1L11T3
GENERAL LIABILITY - $
EiWCAIOCCURRENCE 2,400,000
X cz,%wBRCU\L(;P_xs?ALUABury �3Z��= I$ 1CO3O01)
{{ FRLMSE5[8 Cx ue ( } yy
a. I CLAI?/:i.'ViADE =UR M�Ex IAa'CaleQer�rr1'p 1$ 5,000
A Y Y CPS2328737 02/122019 02(1212020 PEr{SO\ALBADVL`SJURY $ 2,000,000
_ GENERALAGG€i'EGATE $ 4,O0.3,00O
GE?iL AGGREGATE LINT APPLIES P ER.: f� � PRODUCTS-CO.M. p, G 0
i G �$ 2.OW,00
POLICY i I PRO-
LINT
LOG p
4 IN'EDSL\ LE LIMIT
AUT03'tOB]LE IJABturr COA
-�aa�fen9y— _
ANY AUTO BODILY 6\JURY(P&pe=a) �$
B A-0WED SCHEDULED Y Y 0337016&2 �1102018 110}1019 80DILY u-,Y(Peaoddrs qj$U E
HIFZ.ED AtDT05 NON-OYl7IEO PROPERTY DeVP.CAGE
AUTOS -dtg zraiJ=n)}
I $
U1113RELLA L1AB ODGUR EACE OCCURRFRIDE $ 1 p07,444
C t ECCESSLtAa CLAlrss cMADE XBS4074494-01 02l122019 02F1212O20
! AGGREGATE $ 2A04,00U
OED I i RFTENTIOxS ®. a
WORKERS COMPENSAMI °�� 1P STATU- 1OTH,
AND EMPLOYERS'LIABILITY YIN .. 822
A2IYPROPP.L70R'PARTNE2tE7IeCIITNE E.L.EACH ACCDEh'T IS 1,000,001)
D €zFFICERWE\i iSER EXCLU0ED7 tI l A 830-51415 08,r032011) 08r03f2020
(Ntandatory Bit" E.L DISEASE-EA EA*PLOYEEd 3 1,000,000
Myy ,de ¢T7e and& y
DESC3UPTIO;I OF OPIIL3.TIONS 6c:U.c' E.L.DISEASE-POLICYLI)AIT I S 1,00D,4�
E CRIME(FIDELITY BOND) 10uJ63908 O8r072019 OR0712020 EACH CLAIM: $25,0D0
AGGREGATE: $5000
DESCRIPTION OF OPERATIONS I LOCATIONS VL-UGLES(Attach ACORD 101,Addilk n l Pmermrk.Sch dut¢,if mam Spate is regrdred)
GENERATOR INSTALLATION,SERVICE,AND REPAIRS
THE CERTIFICATE HOLDER IS NAMED AS ADDIr ZONAL INSUR�� TO GENA L LIABILITY AND AUTO POLICIES.
EMENT
By
,
V� Ek N/A y
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOARD OFCOUNTY COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS.
1111 12TH STREET
AUTHORIZED REPRESENTATIVE
SUITE 408
KEY VVEST,FL 3 W 40 Q� T
1
ACORD 25(2010105) 01988-2010 ACORD CORPORATION. All rig hts reserved.
The ACORD name and logo are registered marks of ACORD
1689
V fAL1Pr4
Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: July- 14, 2020
TO: Roy Sanchez, Director
Flee( Management
'i'ania Stoughton
Executive Administrator, Fleet
FROM: Pamela G, Hanc�C.
SUMECTi': June 17' BOCC Meeting
Al(ached is an electronic copy of the following it.ein for your handling:
C 11 Renewal and Amendment to Agreement to renew and amend the current Generator
Repair and Assistance Contract with All Power Generators Corp.
Should you liar•e any questions please leel free to contact me al (30.5) 292-3550.
................................................................
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145 1690
it
s
i
FIRST RENEWAL AND AMENDMENT TO AGREEMENT
BETWEEN
MONROE COUNTY AND ALL POWER GENERATORS
THIS AGREEMENT is made and entered into this 17"'day of June,2020 between the COUNTY 1
OF MONROE and ALL POWER GENERATORS,CORP., in order to renew and amend the
Agreement between the parties dated August 21",2019. j
i
WHEREAS, the agreement allows for Monroe County to renew this agreement for ail additional
i
two-year period; and
i
WHEREAS,the agreement may be utilized in the event of a declared state of emergency and may
be funded by the Florida Department of Emergency Management(FDEM)through a Federally- l
Funded Sub-award and Grant Agreement,which requires for records to be maintained for a period I
of 5 years from the submission of the final expenditure report and therefore Paragraph 15- 1
Maintenance of Books, Records, Documents and Right to Audit will be amended to reflect that
requirement;
NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree
to renew and amend the Agreement as follows:
1
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 2 t',2020,
2. Paragraph 15 shall be amended to read as follows;
15.MAINTENANCE OF HOODS,RECORDS,DOCUMENTS AND RIGHT TO AUDIT
CONTRACTOR small maintain all books,records,and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting f
principles consistently applied. Records shall be retained for a period of seven years from
the termination of this agreement or for a period of five years from the submission of the '
i
final expenditure report as per 2 CFR§200.333,whichever is greater. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during the
term of the Agreement and for seven years following the termination of this Agreement.If an j
auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR
pursuant to this Agreement were spent for purposes not authorized by this Agreement,or were
wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies
together with interest calculated pursuant to See. 55,03,of the Florida Statutes, running from the
date the monies were paid by the COUNTY.
J
Right to Audit:Availability of Records.The records of the parties to this Agreement relating to ?
the Project,which shalt include but not be limited to accounting records(hard copy,as well as
computer readable data if it can be made available;subcontract files(including proposals of
3
1691
I
I
I
I
successful and unsuccessful bidders,bid recaps, bidding instructions,bidders list,etc);original
estimates;estimating work sheets;correspondence;change order files(including documentation I
covering negotiated settlemen(s); backcharge logs and supporting documentation; general ledger 1
entries detailing cash and trade discounts earned, insurance rebates and dividends;any other
supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of
Court and Comptroller(hereinafter referred to as"County Clerk")to substantiate charges related }
to this agreement,and all other agreements,sources of information and matters that may in
County's or the County Clerk's reasonable judgment have any bearing on or pertain to any
matters, rights,duties or obligations under or covered by any contract document(all foregoing
hereinafter referred to as`Records")shall be open to inspection and subject to audit and/or
reproduction by County's representative and/or agents or the County Clerk, County or County
Clerk may also conduct verifications such as, but not limited to,counting employees at the job
site,witnessing the distribution of payroll,verifying payroll computations,overhead
computations,observing vendor and supplier payments, miscellaneous allocations, special
charges,verifying information and amounts through interviews and written confirmations with
employees, Subcontractors,suppliers,and contractors representatives. All records shall be kept
for ten(1 Q)years after Final Completion of the Project. The County Clerk possesses the
independent authority to conduct an audit of Records,assets,and activities relating to this
Project. If any auditor employed by the Monroe County or County Clerk determines that monies
paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement,the Contractor shall repay the monies together with interest calculated pursuant to
Section 55.03, F.S.,running form the date the monies were paid to Contractor.The 1-ight to audit
provisions survives the termination of expiration of this Agreement.
i
3. In all other respects the agreement between the parties dated August 21', 20 19, i
except as amended herein,remains in full force and effect.
oest:
ITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year
written above.
L) BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK,Clerk ❑F MONROB COU TY, FLORIDA
By By
As Deputy Clerk Alayo airman
WI ESSES: ALL POWER GENERATORS,CORP.
�-
By.._ 1,Wit ess I S' afore _
�,l L �
Print Na e: NcA l( )�. fc,61 _
Printed Ngme/Title p
W itn s 2
Print ame:A__! Date:
MOKI ECOUMATFONW
N
CHRIS ME LaInaltTaAnows
A5SIS1'AMC�T1' �RHE1'
DA7E
1692
A�a CERTIFICATE OF LIABILITY INSURANCE iflOQ0""'"�
�,orzozo
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
CERTIFICATE DOE'S NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(SI, AUTIfORMW
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE NOLDEk
IMPORTANT: N the cw fical•holder is an ADDITIONAL INSURED,the policypea)null be endorsed. Ff SUBROGATION IS WAIVED,subod to
the terms and conditions of the policy,certain policies may require an endorsement. A statrrneni on this cartiRcate does not confer riots to the
carlificatr holder In lieu of wide andomenunl s.
PR00UCER IIIHIE NORA LAFALIRIE
Insurance Plus Inc. � 305.3874= FAX 305-387-0224
14335 SW 1201h SVeet S-114 ADDn�N nauarlcepll +c yniei.00m
E/N AF'FCR NOCOVERAGE NAIC r
Miami FL 3318E NO MR A: SCOTTSDALE INSURANCE 03292
,MUTED NIsuIERa: PROGRESSIVE INSURANCE 11760
ALL POWER GENERATOR,CORP NISUIER C. SCOTTSDALE INSURANCE 03292
9641 NW 117Way NSUIERD! BRIDGEFELD dNPLOYERS INS _._..__...__. 12158 -
#taUIER E• TRAVELERS CASUALTY AND CRIME 04W3
I,iarni FL 3317& 01SU ER F:
COVERAGES CERTIFICATE NUMBER: REVISION NlUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELCAN HAVE BEEN ISSUED TO THE INSURED NAM12D ABOVE FOR THE POLICY PERIOD
INDICATED- NOTWITHSTAND W ANY REQIREM NT,TERM OR CDNDrrION OF ANY CONTRACT tit OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED By THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
MLUS IONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAX HAVE BEEN REDUCED By PAID CLAIMAS.
�__.____-
_ .
WTYPE Or McUR#IICE POLICY POLIr7VEFF LIC1f E1[P LMTE
L1R
BEIWtALLIAa1LITY EACH OCCURRENCE S 1AWJDOD
DAUAGE To RE
X CCA6XRCLIL1,3E1'tRALUAELFFY S I00.000.^...v�M.
�..._�aA�41ADE ��� � �E%P M a/k son S
SOW
-
I; I Y Y CPS7070912 02l1212021) 021120 21 pERscKALL a Am IIILw S 2.0130,000
1 r EMM AGGREGATE = 4 p00p00
CENL A.GGRECATE UMTAPPUES PER. k PRCOUCTS-COAFPGP AGG i 2 p�
PaJCY PRO F�Lex i f !. :
COMN3PEO rrOu:LraIT S 1 ADOAOD
AUTOWMLELIAa1LRY F ! { IErLAcalllrllll •--�.._.,.�_
X AJ�11'ALIT47 l F ilk BOOLY lip W IP&peaunl S
B ALL O MED -�SC1�IR.EO i y Y 033701655 € 1 VOC2019 11/0412020 800Ly KRWY tear aWdenll $
AUTOS I AUTOS I ; PrtOPERTY Ol."AllE
NON 40WNM i S
HMOAU'TCG X ALrrOB -.-----�_-
s
X Ilra111ELLALLIa W.
C]CCUR
EACH OCCURRE NCE $ 1A00A00
C EXCBMiLIAB �#FADE )MS0074494-02 f 02/122020 02FI212041 AGGREGATE $ 2AMPOD
__.. ... .._... - --_ ----..-. _..... _.— -. _.... .. --
-ElDED RFiEmnON
VYORIERS 0011WEN1AT10N I X YYC STATLF OTH•
A/p EN LOYERS'LIAa1 LrrY Y I N
ANY PRDp�rOF PARTNE36EXECUTIJE i EL EACH ACCIDENT S 11000 A00
D W�RMEMMlomv in ery EXCLUDED? ❑INIAi Y 830S141S I DB03Q019 ,O1i0312020 -- '
E i DISEASE•EA E1uPLOY = pI]0,000
r yet,dale�a vide 1000 000
Ci~4CRPTIOH CP�ATbN3Eelorr i EL OLSEASE-pOLICYLaMT
1
I CRIME(FIDELITY BOND] EACH CLAU:$25,000
E 108963908 0 W Q019 OBJ0712720 AGGREGATE:$SD,000
i
Oe$CRrTION OF OP9iATIDNS I LOCATIOVS I YEFNCLM IAW ch ACORO 101.Addbwwl Rarm&m 3dudulM•If non apn:a 10 nm*Yn@M
GENERATOR INSTALLATION,SERVICE,REPAIR APPROVED RISK MANAGEMENT
a named as Additional Insured wdh resPod to the General LiahiiN and Aub Policies
06-16-2020
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCREIED POLICES BE CANCELLED EEFOFIE
THE EXPIRATION DATE THEREOF. NOTICE WALL BE DELIVERED IN
Monroe County SOCC ACCORDANCE NATHTHE POLICY PROVISIONS.
1111 121h Steel
Suile 400 AUTHORED REPRESENTATIVE
Icy rMest,FL 33040
g.cta 242LW�
ACORD 25(2010105) qD logo-2010 A D CORPORATION. AN riyhRs"served.
The ACORD name and kW an r*ostered marks of ACORD
1693
GV�S COURTq c
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
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
1694
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
1695
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.
1696
i
i
i
i
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
z
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 Clauns and
Statements) applies to the contractor's actions pertaining to this contract. 1
i
3. In all other respects the agreement between the parties dated August 2151, 2019, and
the First Amendment dated June 17,2021, except as amended herein, remain in full
force and effect.. l
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,the day and year
first written above.
1
BOARD OF COUNTY COMMISSIONERS
fEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
is 23 �
By
's Depj ity Clerk V Mayor irman
i
3
A
WITNE SES: ALL POWER GENERATORS, CORP.
By: I }���
it�ress 1 Signatufe
Print Name:
VV G<Yl �• LJ�t1�Cl G: 1'6"tS� c��'rj� r
Printed Name/Title
Witness 2 t
+ a
Print Name: � ��� -2046r-5 Date: U 11I ZO-ZZ .
t
Digitally signed by James D.
James D. Molenaar' Molenaar
Date:2022.07.12 08:14:47-04'00'
Approved as to Form and Legal Sufficiency
James D. Molenaar 1
-21
Asst. County Attorney i
MONROE COUNTY ATTORNEY'S OFFICE
C^-l
1697
ACOR" 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 $1,000,000
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 STATUTE EPER R
H
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 1698
CERTIFICATE F LIABILITY INSURANCE, I]d4TE1MNIM2102YYYh!I
CE
1ai'�r"'1,u1 a2172,a1
THIN CERTIFICATE IIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH IIS
CERTIFICATE DOES NOT AEF11RMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERS THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIN CERTIFICATE OF INSURANCE E DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSR,JRER(S), AUTHORIZED
REP RES ENTATIIVE OR P RODUC ER,ANDTHE C ERTIFICATE HOLDER R.
IMPORTANT-, If the cortificato hi Is an ADDITIONAL INSURED, the pollhc'y+(ies) must be endued" IIf SLIER O� GA'flO W 11S YAIIVER9, subjech to
the terms and ce Ind doors of the pollhcy',cortalin pollhches may requlire an endorsement. A statement ora this certificate doers not ceinfer rhghlts to the
certificate h olider Ilrr[lou of such afpdorSlrkTr ent(S)".
PRODUCER M,�!MgIE: � NORA LAFA.IJaRIE
Ilrr-umarrm,ePIIuslim. 31`15-397-0222 FAX3195-397-0224,
14 3 35 SV '1201h Street,S-1'1,u1 ,G RESS: Ilim�uar�l�u,�p�lllu.r;iiimw,�tom s�iifl.wxa lomm
IKAJC#....,
KrIia nii F'L 331I36 INSIUIREIdA: S^S'LMTIISE, LE INSURANCE 41297
IINSIUIRED IINSIUIREI IG: PR.0GR.ESgal"dEEXPRESSINELURANCEE:LMK�rPANY 10193
,ALL t="LMWER.GENERATOR,00RiP INSIUIREId:C: SC'LMTIISEALE INSURANCE 4 1297
3541 N"s I'1'17 Way INSIUIREI ID: TECHNOLOGY Y INSURANCE 42376
IINSIUIREI IE: TRAVELERS CASUALTY AND CRIME v 2.5t"a5t3
MN11;>nni F'L 33'1 TB- INSlUIREIRT: GLIIDEONE NATIONAL INS.00PAPAN'Y 1,%32
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
111°1IS IS 110 CERTIFY 11"IIAI 11"HE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED 110 IHIIE INSURED NAMED ABOVE FOR IHIIE POLICY PERIo7L-1
INDICATED. N1t311'1d"w'IIIII65'11'ANDING ANY REQUIFSEMEN11, TERM OR C0,1N13I'11"Io0,hN OF ANY C01411RAE.11 OR OTHER CULJo3U[MENI'11" 7d"µ"illi1 FEESPEo3:11"110WHICH 111II1S
,CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, IHIIE INSURANCE AFFORDED BY I HIIE POLICIES DESCRIBED HEREIN IS SLVISJE^L'T 110 ,ALL IHIIE TERMS,
E C LUST NS AND o 0,14i13I1111 NS OF SLV!i::',II POLICIES. LIMITS SHOWN WAY HAVE SEEN RECILVIo3ED BY PAID CLAIMS.
IINd IFr." �. T'Yif�'IEW31rIIMISUI ,C,E �. .`,Jq +'CSL�SLIInIr .. .� �. .IFOLIIC"YIEE"Ir " IWOILIICYIEkI!�
IL'I'fi I NUMBER 41mmowyyyyl 41mmowyyyyl
GENERAL LIABILITY ,5 2,C.lC.liCl,lC:llC:0
C,�W..B"d'C11���VJi1R'k�'EII+Yti''E
X COMMERCIAL CIAL GEIVEJdAL I 111LIIIY � �i5E5,CS EL 1100 0100
. „J .xxumrmT�: 1 .
....,CLAI W'-'Rw ADE OGIC'UJ9R ,..IPo,�"Fi L"r IPA¢, �a �' w w�F+:M,I '5 5�0100
A Y Y CPS7"73P'3699 102021210241 1202f2025 PERSONAL&AC~11INJURY 5 2^000^0100
.... .... .. EarEIVERAL AKY:3REIGATC 5 4 0100 0100
GEII LAtataR'EGATC ILIIIPo'T, PPILIIE.1 PER PRODUCTS-00IPor✓AUP AGG�5 4�0100 0100
P;fL ICY
AUTOMOBILE LIABILITY 03NO II1ull1IL.IIMIT 5 1 0000100
� � !"�W'Y,!VJi'T l I BODILY INJURY JIF tvjp-vxtidat �'5
IP ALL OMErv" Sf SCHEDULED YY 97'2324148 03t"13d23241 p3't°'IW2r325 BODILY INJURY JIFatvaa ..Aowst �
NON OWNEDi�r��"fF°CRdTY ICIJ41hr^dWIa E.. �
81111P�'EIC"r, iJi'T S AUT3S
i Lfa7mu�uarL�lir�i�mNt �'� 1Ci,CJ�Cl3,!2r3,Ul�J�Cl
X JIJ!M 113REILLA4 LIr44JCI „X Clrti'C 1JJR EN..H OCICCV.dgFkREII+CE 5 4�0100l 0100
C: IEXCESSLIIA13 QL,�IIIPoe�-'IMAI1rEi Y Y XSSO1m1 7552 11202d"210241 3202f2r325 ,�CY:3REGATC 5 4l01Ji0a010i0 FOLLOW FROM SL AUl 0
EEIG RETENTIONS 5
W01RHEIRS 00l&11WIENSA-11 1 ME 3ST, TU- OTHk
AND IEINIIYIEIRS LIr44JCIILITY YI�'. : . TiJP�Y!LIINMIT5 .. ZR
m na Y d IN 1,1a 11iCa,1aliCa
D ,OFF IVS�:dI rIEM d PARIVY�IDK.' �BILGk �.R ,LV"fll'WE Md � 'k" lf'�4'�IC42 1'�N2 �1C393d"2�2�3 �ElfW2r02�1 CL CN:1B N:1@ IIEC T
rFFu gibiI�RIm_�iGI.EIV1 I.w�P.. q¢�I.Iu � � S 1 3 JiCa 333
�I,�uo �miYy+de�i IMIMu1 '� C L DIL�E�MuE-EA EIPorIL CfYEt 5
I�I CRIIPTIION OF DOPER ATII011+:'.�IR'o�4w;�m= ,�.0 L.DII.�C,���
q' 4 DISEASE POLICYILII RiIIT 1,010C!
E CRIME IFIDELI11Y BOND) 1 0 103 5 313G7I.i,21 08f07f2023 089372024 E&C11CLAIM: 25,01010
F' SLVIDEONE NATIONAL INS.CO 53255-2022 w]W2012023 043i"2^3i"2024 AGGRESA11"E:$510,01010
E&CII PC)LLLVa11"10N.$2,01010,01010
IDESC1RIPTiOR4.W71FOPIERATONSIL ATONSIVERICLESjAttscNmACIDIRD1�01„kdielliRrii , I1IS¢a0oortuide„Iifitpµkeilti
Nrbnroo Couurl F3C4.;�L uE Ilisl as,w iddlbnall Im1�asjulred wMth IR r mias Io the Glen gA Liabillll: gKI Auld P 1":r . �Y� � T
oS��wnogalmam�as.Inslaillalimam,Somvre uu�i R a0 I
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WAMP N i
CERTIFICATE HOLDER CANCELLATION
SHOULD,ANY Of THE ABOVE DESCRIBED,POLICIES BE CANCELLED,BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
I am°[roe Coum'fl,y F3 ;,oti', ACCORDANCE WITH THE POLICY PROVISIONS.
IgIsjuirAg"Comphanca
P.O.Box.100055-F;X
Du ldu'l h,5A 31010916 916 AILITrUt-RIZE 1p IREP If ES IENTATN E
ACORD 25(201I 5) 0 119131-201I0Ac RD CORPORATION. AIIII rilgIh11Rs reservedi.,
Thialrr ACORD r9'arre and licogio are, registered marks off A OR D 1699
TMRD RENEWAL AND AMENDMENT TO AGREEMENT
BETWEEN
MONROE COUNTY
AND
ALL POWER GENERATORS CORP.
THIS AGREEMENT is made and entered into this 17th day of July, 2024, between MONROE
COUNTY, FLORIDA, and ALL POWER GENERATORS, CORP., in order to renew the
Agreement between the parties dated August 21, 2019 ("Agreement").
WHEREAS,the Agreement allows for Monroe County to renew this Agreement after the initial
one-year term for an additional three (3)two-year periods-, and
WHEREAS, the parties also desire to amend the Agreement, as amended, to include or update
provisions to bring it current with certain County, State, or Federal contract provisions; and
WHEREAS,the parties have found the Agreement, as amended,to be mutually beneficial; and
WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and enter
into this Third Renewal and Amendment to Agreement to extend the term and update certain
contract provisions as set forth herein;
NOW,THEREFORE,in consideration of the mutual covenants contained herein the parties agree
as follows:
1. In accordance with Paragraph 2 (B) of the 2019 Agreement, the County hereby
exercises its option to renew the Agreement for the final additional two-year term
beginning August 21, 2024, and terminating on August 20, 2026.
2. Paragraph 1. H., of the Agreement, as amended, is hereby deleted in its entirety and
replaced with the following:
I. H. Attached hereto as Attachment "A" and made apart hereof, is a list of the
County's active and current generators, which will require services under this
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.
All other provisions of Paragraph I of the Agreement, as amended, remain the same.
3. Paragraph 10,NOTICE REQUIREMENT, of the Agreement, as amended, is hereby
deleted in its entirety and replaced with the following paragraph:
1700
.................. ....................
10. NOTICE REQUIREMENT
All written correspondence to the County shall be dated and signed by an authorized
representative of the Contractor. Any written notices or correspondence required or
permitted under this Agreement shall be sent by United States Mail, certified, return
receipt requested,postage pre-paid, or by courier with proof of delivery. The place of
giving Notice shall remain the same as set forth herein until changed in writing in the
manner provided in this paragraph. Notice is deemed received by Contractor when
hand delivered by national courier with proof of delivery or by U.S.Mail upon verified
receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent
to the following persons:
FOR COUNTY: FOR CONTRACTOR:
Monroe County All Power Generators Corp.
Fleet Department 94,81 NW 117 Way
I I I Overseas Highway, Unit 300 Medley, FL 33178
Rockland Key
Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041
4. Paragraph 13, PUBLIC ENTITY CRIME STATEMENT,
of the Agreement, as
amended, is hereby deleted in its entirety and replaced with the following paragraph:
13. PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid,proposal, or reply on a
contract to provide any goods or services to a public entity, may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work, may not submit bids, proposals, or replies on
leases of real property to a public entity, may not be awarded or perform work as a
Construction Manager, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of thirty-six (36) months from the date of being
placed on the convicted vendor list."'
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5. Paragraph 14. E., TERMINATION, of the Agreement, as amended, is hereby
deleted in its entirety and replaced with the following paragraph:
14. TERMINATION
E. For Contracts of$1,000,000 or more:
(1) If the County determines that the Contractor/Consultant submitted a false
certification under Section 287.135(5), Florida Statutes, the County shall have the
option of (1) immediately terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions
of Section 287.1325(4), Florida Statutes, are met.
(2) If the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, or if the Contractor/Consultant has been placed
on a list created pursuant to Section 215.473,relating to scrutinized active business
operations in Iran, or been engaged in business operations in Cuba or Syria, the
County shall have the option of(1) terminating the Agreement or (2) maintaining
the Agreement, at the County's option, if the conditions of Section 287.135(4),
Florida Statutes, are met.
All other provisions of Paragraph 14, as amended, remain the same.
5. Paragraph 15, MAINTENANCE OF BOOKS, RECORDS, DOCUMENTS, AND
RIGHT TO AUDIT,
of the Agreement, as amended, is hereby amended by deleting
the second paragraph only, Right to Audit, in its entirety and replacing it with the
following paragraph:
15. MAINTENANCE OF BOOKS,RECORDS,DOCUMENTS,AND RIGHT
TO AUDIT
Right to Audit: Availability of Records. The records of the parties to this
Agreement relating to the Project, which shall include but not be limited to
accounting records (hard copy, as well as computer readable data if it can be made
available; subcontract files (including proposals of successful and unsuccessful
bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;
estimating work sheets; correspondence; change: order files (including
documentation covering negotiated settlements); backcharge logs and supporting
documentation; general ledger entries detailing cash and trade discounts earned,
insurance rebates and dividends; any other supporting evidence deemed necessary
by County or the Monroe County Office of the Clerk of Court and Comptroller
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1702
...........
(hereinafter referred to as "County Clerk") to substantiate charges related to this
agreement, and all other agreements, sources of information and matters that may
in County's or the County Clerk's reasonable judgment have any bearing on or
pertain to any matters, rights, duties, or obligations under or covered by any
contract document(all foregoing hereinafter referred to as,"Records")shall be open
to inspection and subject to audit and/or reproduction by County's representative
and/or agents or the County Clerk. County or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site,
witnessing the distribution of payroll, verifying payroll computations, overhead
computations, observing vendor and supplier payments,miscellaneous allocations,
special charges,verifying information and amounts through interviews and written
confirmations with employees, subcontractors, suppliers, and contractors'
representatives. All records shall be kept for ten (10)years after Final Completion
of the Project. The County Clerk possesses the independent authority to conduct
an audit of Records, assets, and activities relating to this Project. If an auditor
employed by Monroe County or County Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement,or were wrongfully retained by the Contractor,the Contractor shall
repay the monies together with interest calculated pursuant to Sec. 55.03, Florida
Statutes, running from the date the monies were paid to the Contractor. The Right
to Audit provisions survive the termination or expiration of this Agreement.
All other provisions of Paragraph 15, as amended, remain the same.
6. Paragraph 24, NONDISCRIMINATION/EQUAL EMPLOY-MENT
OPPORTUNITY, of the Agreement, as amended, is hereby amended by deleting
the first paragraph only in its entirety and replacing it with the following:
24. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
CONTRACTOR and COUNTY 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 of the part of any party,
effective the date of the court order. Contractor or County agrees 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 VII of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on
the basis of race, color,religion,sex,or national origin;2)Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
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1703
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of disability; 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 (PL 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 patient records; 8) Title ''III of Civil Rights Act of 1968 (42 USC s. 3601 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. 12101 Note),
as may be amended from time to time, relating to nondiscrimination of the basis of
,disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation,gender identity or expression,familial status or age;and 11)Any
other nondiscrimination provisions in any Federal or state statutes which may apply
to the parties to, or the subject matter of,this Agreement.
All other provisions of Paragraph 24, as amended, remain the same.
7. Paragraph 38, UNCONTROLLABLE CIRCUMSTANCES, of the Agreement, as
amended, is hereby deleted in its entirety and replaced with the following
paragraph:
38. UNCONTROLLABLE CIRCUMSTANCE
Any delay or failure of either Party to perform its obligations under this Agreement
will be excused to the extent that the delay or failure was caused directly by an
event beyond such Party's control,without such Party's fault or negligence and that
by its nature could not have been foreseen by such Party or, if it could have been
foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion,
tropical storm,hurricane or other declared emergency in the geographic area of the
Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist
threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)
government order or law in the geographic area of the Project; (e) actions,
embargoes, or blockades in effect on or after the date of this Agreement; (f) action
by any governmental authority prohibiting work in the geographic area of the
Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability
to perform, changes in cost or availability of materials, components, or services,
market conditions, or supplier actions or contract disputes will not excuse
performance by Contractor under this Section. Contractor shall give County written
notice within seven (7) days of any event or circumstance that is reasonably likely
to result in an Uncontrollable Circumstance, or as soon as possible after such
Uncontrollable Circumstance has occurred if reasonably anticipated, and the
anticipated duration of such Uncontrollable Circumstance. Contractor shall use all
5
1704
............
diligent efforts to end the Uncontrollable: Circumstance, ensure that the effects of
any Uncontrollable Circumstance are minimized and resume full performance
under this Agreement. The County will not pay additional cost as a result of an
Uncontrollable Circumstance. The Contractor may only seek a no cost Change
Order or Amendment for such reasonable time a as the Owner's Representative
may determine.
8. Paragraph 39.1, Davis-Bacon Act, of the Agreement, as amended, is hereby
amended only to add the current Davis-Bacon Wage Determination Statement, if
applicable, and attached hereto as Attachment"B" and made a part hereof.
9. Paragraph 3 9.4, Clean Air Act 42 U.S.C. 7401-7671 q.) and the Federal Water
Pollution Control Act Q-3 U.S.C. �&1251-13 87),of the Agreement, as amended, is
hereby deleted in its entirety and replaced with the following paragraph:
39.4 Clean Air Act 42 U.S.C. §§7401-7671qdand the Federal Water Pollution
Control Act (33 U.S.C. §§1251-1387, as amended). Contractor agrees to comply
with all applicable: standards, orders or regulations issued pursuant to the Clean Air
Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control
Act, as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA/Federal Agency and the appropriate Regional Office of the Environmental
Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the
Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies
to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees
to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance provided by FEMA/Federal agency. The
Contractor agrees to report each violation to the County, and understands and agrees
that the County will, in turn, report each violation as required to assure notification
to FEMA/Federal Agency and the appropriate EPA Regional Office.
10. Paragraph 39.5, Debarment and Suspension (Executive Orders 12549 and 12689 ,of
the Agreement, as amended, is hereby deleted in its entirety and replaced with the
following paragraph:
39.5 Debarment and Suspension LExecutive Orders 12549 and 12689 . A
contract award under a"covered transaction" (see 2 C.F.R. 180.220) must not be
made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and
12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the
Department of Homeland Security's regulations at 2 C.F.R. Part 3000
6
1705
(Nonprocurement, Debarment and Suspension). SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well
as parties declared ineligible under statutory or regulatory authority other than
Executive Order 12549. SAM exclusions can be accessed at www.aani.g1py.
Contractor is required to verify that none of the contractor's principals (defined at
2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded
(defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The
contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, and must include a requirement to comply with these regulations in any
lower tier covered transaction it enters into. This certification is a material
representation of fact relied upon by the County. If it is later determined that the
contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C, in addition to remedies available to the County,the Federal Government
may pursue available remedies, including but not limited to suspension and/or
debarment.Bidders or Proposers agree to comply with the requirements oft C.F.R.
pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and
throughout the period of any contract that may arise from this offer. The Bidder or
Proposer further agrees to include a provision requiring such compliance in its
lower tier covered transactions.
11. Paragraph 39.6, Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). of the
Agreement, as amended, is hereby deleted in its entirety and replaced with the
following paragraph:
39.6 Byrd Anti-Lobbying Amendment (31 U.S.C. §1352). Contractors that
apply or bid for an award exceeding $100,000 must file the required certification.
Each tier certifies to the tier above that it will not and has not used Federal
appropriated funds to pay any person or organization for influencing or attempting
to influence an officer or employee of any agency, a member of Congress, officer
or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C.
§1352.Each tier must also disclose any lobbying with non-Federal funds that takes
place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the recipient who in turn will forward the
certification(s) to the awarding agency. If award exceeds $100,,000, the
certification, attached hereto as Attachment "C" to this Agreement and made a
part hereof, must be signed and submitted by the Contractor to the County.
12. Paragraph 39.7, Compliance with Procurement of Recovered Materials as set forth
in 2 C.F.R.-§200.322, of the Agreement, as amended, is hereby amended to correct
the citation reference in the paragraph title and to farther delete the paragraph in its
entirety and replace it with the following paragraph:
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39.7 Com Hance with Procurement of Recovered Materials as set forth in 2
C.F.R. M0.323. Contractor must comply with Section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act. The
requirements of Section 6002 include procuring only items designated in guidelines
of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain
the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition,where the purchase price of the item
exceeds $10,000 or the value of the quantity acquired during the preceding fiscal
year exceeded $10,000; procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative
procurement program for procurement of recovered materials identified in the EPA
guidelines. In the performance of this contract, the Contractor shall make
maximum use of products containing recovered materials that are EPA-designated
items unless the product cannot be acquired—
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is
available at EPA's Comprehensive Procurement Guidelines website,
httl)s://www.epa.go,v/si-nilm/comprehensive-pi-ocurement-guideli.ne-cpg-prog�ram.
The Contractor also agrees to comply with all other applicable requirements of
Section 6002 of the Solid Waste Disposal Act.
13. Paragraph 39.12, DHS Sea], Logo, and Flags, of the Agreement, as amended, is
hereby amended to delete the paragraph, in its entirety and replace it with the
following paragraph:
39.12 Department of Homeland_Securijy (DHS) Seal, Logg,and Flags.
The Contractor shall not use the DHS seal(s), logos, crests,or reproduction of flags
or likenesses of DHS agency officials without specific FEMA. pre-approval. The
Contractor shall include this provision in any subcontracts.
14. Paragraph 39.10 in the initial Agreement was inadvertently replaced with another
Paragraph 39-10 in the Second Renewal and Amendment dated July 20, 2022,
which said paragraph should also remain in the Agreement. The Agreement is
amended to include a new Paragraph 39.19 which shall read as follows:
8
1707
39.19 The Contractor shall utilize the U.S. Department of Homeland Security's
E-Verify system to verify the employment eligibility 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 employment eligibility of all new employees hired by the subcontractor
during the Contract term.
15. The Agreement, as amended, is further amended to add the following paragraph as
Paragraph 41, COMMON CARRIER RESPONSIBILITIES, and incorporate it into
the Agreement:
41. ,COMMON CARRIER RESPONSIBILITIES
If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes,
then Contractor hereby may not willfully provide any service during the Contract
term in furtherance of transporting a person into this state knowing that the person
is an Unauthorized Alien, except to facilitate the detention, removal, or departure
of the person from this state or the United States. The County shall have the right
to unilaterally cancel this contract upon violation of this provision by the
Contractor. Failure of the Contractor to abide by the terms of this provision shall
be deemed a material breach of this contract and the County may enforce the terms
of this provision in the form of a court proceeding and shall, as a prevailing party,
be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the
contract.
16. In all other respects,the Agreement between the parties dated August 21,2019, and
as amended with the First Renewal and Amendment to Agreement dated June 17, 2020,
and Second Renewal and Amendment to Agreement dated July 20, 2022, except as
amended herein, remains in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANJq
[SIGNATURE PAGE TO FOLLO)M
9
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IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year
first written above.
(SEAL) BOARD OF COUNTY COMIMIISSIONERS
Attest: KEVIN MIADOK, Clerk OF VIONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairperson
WITNESSES: ALL POWER GENERATORS CORP.
f
By: ;
4rit ss I it Signature
Print Name: M. chf-Ile re_li ck ar'c,
,_. ...._A��' Printed Name/Title
Witness 2
Print Name: Date -1 ° 09. 2 0 2+
pAONROEcouNTyA*FTORNEVSOFFEE
ASSWANT
2t�
10
1709
ATTACHMENT "A"
UPDATED GENERATOR LIST AS OF MAY 30, 2024
11
1710
KEY WEST
UNIT 11.1-11,11,11,111"...— LOCATION OPERATIONAL AS PHASE KW FUEL LVL FUEL CAPACITY GPSALERT EXIERC��O OADBANK2024 COMMENTS
GENKWOJL KWOLOJAIL YES 208 3 230 959a,....
51T Soo YES MANUAL PASSED
GENFEMAN FREEMAN SLID YES 480 3 750 V,% 4000 YES PASSED
FAC43B LESTER OLD YES 206 S Soo 35% 2000 YES 700 ZAaCHEDULE
FACE734 JACKSON SOUI YES 48C A 40D Ion SOLD YES 700 PASSED POOPTAMS N;L_`'E
CORS19 KWJAIL YES AM 3 1000 50% 12000 YES 900 PASSED
6ENI KWJAIL YES 480 3 100E 90% 12070 YES 1000 PASSED
COR12033 KWJAIL 'YES DIG 3 1100 90% IZQJC VICE MANUAL PASSEL) rOWRI PORTAOLL
SENKWSAD KWSHRADMIN YES 420 a iso W% 8003 FIES, 600 PASSED
FAC4887 KWSHR COMM TOWER YES ABC 3 so 95% 135 YES, 2400 PASSED POPTAPU IIIJPLACF
a
ENHARVC HARVEYOLD YES 490 a Soo SS.A IDOOD EF$ 700 PASSED
GENGATTER DATE BLO YES 208 3 Goo 01% 10000 YES 700 PASSED
FAC7712 BAYSHOPE YES 208 3 las 92% No yr$ 700 PASSED PCsTAILU MPLACE
FAC43004 JACKSON SQUARE YES 240 1 60 LOTS 350 yr. NA N07"USED
LOWER KEYS
UNIT LOCAnON OPERATIONAL AD PHASE KW4^ FUEL COL FUEL CAPACITY SPSALERT EXERC(WEDI LCADRA K2D24 COMMENTS
FAC9792 ROCKLAND GARAGE YES 2AI 3 7S TLE; MANUAL PASSED ROCKLAND CARAGL SAIEJUP
GrNsnFS FIRES S748 STOCK ISLAND YES 203 3 ISO SETS; 2500 YES 1W PASSED
GENRCFST FIRE ST09 BIG COPPITT YES 24C I IDD GETS Soo YES 700 PASSED
FAC3001D FIRE ST 010 SUGARLOAF YES 240 3 so 95% 135 111EL 700 PASSED PORTANILE T%PLsa
FAC1433 SHR SUB SIT CUD TOE YES 208 3 so 95% :as YESI 700 PASSED HORTNULF INPIACT
GENrJOFS FIRE ST OIL CUD JOE YES 208 3 250 80% 2000 YES, 700 PASSED
GENRPKp5 FIRES ST 919 010 PINE YES 208 3 150 a0m; 2500 YES 7CO PASSEL,
RAC1491 WEST SUMMERLAND COMM 70WER YES 240 a GO 95% 135 TIES 700 PASSED POI IN PJACF
PORTABLES
UNIT LOCATION OPERATIONAL AC PHASE XW FUEL LVL FUEL CAPACTFf GETS ALERT LOADBANK 2024 —COMMENTS
FAC10I82 ROCKLAND YES 240 1 14 Tom SO YES PASSED
FACICISI ROCKLAND YES:.. 240 1 14 IOVA so TIES PASSED
MIDDLE KEYS
UNIT LOCATION OPERATIONAL AC PHASE Kw FUELLVL FUEL CAPACITY GPSALERT EXERCiWEDI LOADBANK2024 COMMENTS
6ENMAGOV GOVSUILDING YES 480 3 ISO 100%, low YES 700 PASSED
FAC5934 GOV OLD OrK UP YES 480 3 ISO 20DIA 520 YES MANUAL PASSED SAO'UPTC M
PLArr
FAC1481 GOV SUD ECK UP YES 490 a DO 100% 135 YES MANUAI, PASSED LAND FULION TRAC9 Is,POATP&LE IN PII
GENMASHE SHR SUB STATION MARATHON YES 240 1 60 100% Soo YES 700 PASSED
FAC10457 MAR SENIOR CNTR YES 240 1 14 95% 75 YES 700 PASSED
CORS911 MAR JAIL YES 209 a 200 ion 600 m 700 PASSED
FACS877 63RDST YES 240 1 so IWA Soo YES 70D PASSED
GENMCHIL MAR AIRPORT YES 208 a ISO 75% 300 YES 700 PASSED
GSNMAAIR MARAIRPORT YES 240 1 so 0% 395 YES 700 PASSED
GENMASCN MAR AIR BEACON YES 740 2 is 7y% LPG N/A N/A PASSED
GENMARGA MAR GARAGE 'YES 209 3 ion 75% Soo Val 700 PASSED
FAC1466 MAR FUEL ISLAND YES 240 1 30 ESI 115 YES MANUAL PASSED T"DRIAVIJE IMPLA111
GENMEDEX MEDICAL EXAMER YES LEE 3 400 75% woo 1530 PASSED
GENCOKFS FIRE BY 027 CONCH KEY VIER 208 3 130 am Izaa 'DES 'too PASSED
FAcC0357 LONG KEY COMM TOWER YES 240 1 30 75y� 96 YES 700 PASSED
GENSOCI MARATHON EOC BUILDING YES 95% 2500 PASSED
GENEOC2 MARATHON EOC BUILDING Y6 95% 2SOO PASSED
FAC1430 RUTH VANS BUILDING YES 24O 3 30 100% 135 YES 700 PASSED POPTARLE�IN PLAC"s
1711
MCM rUNRANGE 206 3 sumCmIxImmm nom PoIrT&BLIS
STATE BURG,COMM 70WER FRC77:1 I SAMIrP
PORTABLES
UNIT L=71ON OPERATIONAL AC PHASE KW FUEL LVL FUEL CAPACITY UPS ALERT LOADBANK 2024 COMMENTS
FACI430 MAR GARAGE YES 24D I K 951% %as YES PASSFD-UT47 A,rhTrNI V&wl RUJI'DING
FACIulao MAR GARAGE YES 240 1 14 95% so m PASSED
FAC7713 MAR GARAGE )IRS 480/20BI240 3 165 ROD wl PASSED
FAC1435 MAR GARAGE 40 480/203 3 80 135
FAC1306 MAR GARAGE YES 20B a loo 15% ISO YES PASSED
FAC1365 MAR GARAGE YES 480/208 3 IDD 53% ISO YES PASSED
FAM229 MAR GARAGE YES 203 3 ISO ILEA 150 YRU PASSED
FAIC593S MAR GARAGE YES 208 3 150 W%' 520 YES PASSED
fAC1432 MAR GARAGE YES 208 3 20 95% LIE YES PASSED
COR5929 MAR GARAGE YES 208 3 so 90% 200 m, PASSED
FACIMIG MAR GARAGE YES 490/240/208 3 40 94% 75 YES PASSED uNirr A:S
FAC10479 MAR GARAGE YES 240 1, 14 "G14 so YES, PASSED
FAC989 MAR GARAGE W6 240/208 3 40 ox 110
FAC125SS MAR GARAGE AD 240/208 3 57W A ISO YE 47"u'x wIy moops mmmoumo
UPPER KEYS
UNIT LOCATION OPERATIONAL AD PHASE KW FUELLVL FUEL CAPACITY GnALERT EXERCIWEDI LOADBANK2024 COMMENTS
GENMRRAY PK GARAGE *a 24D 1 50 Palo 200 YES MANUAL PASSED
COR00915 NEW PIKJAIL YES 48D 3 BOO 90% 42M IIES BOO PASSED
CORI NEW PKJAIL YES 430 A $00 SUM -ZW YES 700 PASSED
UENPxCTH RK COURTHOUSE(OLD) yrs 20: 3 325 w% 2500 ym 700 PASSED
GENPKELL [LEGS BLD PEE 20 1 so Soo YES 700 PASSED
FACI2503(ROTX, ROTH BUD SHR SUB YES 7a8 3 670 45i, loso YFE; 1500 PASSED
FAC463B FIRE ST Nn TAVIPMER YES 240 1 DO 95% ISO YES: 700 PASSED rIVETAUU inPLACt
FACISOI PIK FUEL ISLAND(MAGNOLIA$7.) YES 240 1 100 BE% 250 YOU 700 PASSED POFTABLU IMPLA4Z
FAC8034 MIJRPAYNELSON BW YES 203 3 400 95% Soo '15 700 PASSED KEED'V.1 Y YCIGRAM r5mp
FACRI ANDROS COMM TOWER YES 240 3 as "% SO SEE, 700 PASSED
GENCROSD TOLL BOOTH CARDSOUND YES 240 1 Is 95% 45 YES;. 700 PASSED
PORTABLES
UNIT LOCATION OPERATIONAL AC PHASE ,WF=,LVL FUEL CAPACITY OPS ALERT LOADBANX21374 COMMENTS
FAC10153 PIK GARAGE YES 240 1 14
Ass so YES PASSED FACC UP FUR CARD 500ID
1712
ATTACHMENT 46B"
DAVIS-BACON WAGE DETERMINATION STATEMENT
14
1713
3f26)24,12:28 PM SAM.9W
"General Decision Number: FL2e24oe22 03/15/2074
Superseded General Decision Number: FL20230022
State: Florida
Construction Type: Building
County: Monroe County in Florida.
BUILDING. CONSTRUCTION PROJECTS (does not include single family
homes or apartments up to and including 4 stories).
Note: Contracts subject to the Davis-Bacon Act are generally
required to pay at least the applicable minimum wage rate
required under Executive Order 14026 or Executive Order 13658-
Please note that, these Executive Orders apply to covered
contracts entered into by the federal government that are
subject to the Davis-Bacon Act itself, but do not apply to
contracts subject only to the Davis-Bacon Related Acts,
Including those set forth at 29 CFR 5.1(a)(1).
lIf the contract is entered (_ Executive Order 14026 l
linto on or after January 30, l generally applies to the l
12022, or the contract is l contract. [
lrenewed or extended (e.g., an 1. The contractor must pay [
loption is exercised) on or l all covered workers at l
latter January 30, 2022: l least $17.20 per hour (or I
I I the applicable wage rate l
I I listed on this wage l
I determination, if it is l
I I higher) for all hours I
I I spent performing on the I
I I contract in 2024.
Ilf the contract was awarded onl. Executive Order 13658 I
for between January 1,,, 2015 andl generally applies to the l
11anuary 29, 2022, and the I contract, l
Icontract is not renewed or I. The contractor must pay all[
lextended' on or after January l covered workers at least l
130, 2022: [ $12.90 per hour (or the I
I applicable wage rate listedl
[ [ on this wage determi.nation,I
I I if it is higher) for all I
I hours spent performing on I
I I that contract. in 2024. l
I
The applicable Executive Order minimum wage rate will be
adjusted annually. If this contract is covered by one of the
Executive Orders and a classification considered necessary for
performance of work on the contract does not appear on this
wage determination, the contractor must still submit a
conformance request.
Additional information on contractor requirements and worker
protections under the Executive Orders is available at
http://www.dol.gov/whd/gavcontracts.
Modification Number Publication Date
0 01/05/2024
1 01/12/2024
httpvJlsam.gov/wage-determinaUonYFL20240022/2 115
15
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3126f24,12:28 PM
2 0312S/2024
ELEC0349-003 09/01/2023
Rates Fringes
ELECTRICIAN.......................$ 39.81 14.62
----------------------------------------------------------------
ENGX0487-023 07/01/2023
Rates Fringes
OPERATOR: Crane
All Cranes 75 Tons and
below...—...... ........_$ 37.07 14.90
All Cranes Over 300 Ton,
Electric Tower, Luffing
Boom Cranes.................$ 40.40 14.90
Cranes 130-300 Ton..........$ 39.38 14.90
Cranes 76 ton to 229 Ton....$ 37.57 14.9e
----------------------------------------------------------------
IRON0272-004 10/01/2023
Rates Fringes
IRONWORKER, STRUCTURAL AND
REINFORCING....................—$ 27.75 15.27
----------------------------------------------------------------
PAIN0365-004 06/02/2021
Rates Fringes
PAINTER: Brush OnlY....... 20,22 12.39
----------------------------------------------------------------
SFFLOS21-001 01/01/2024
Rates Fringes
SPRINKLER FITTER (Fire
Sprinklers)....—......... ......$ 32.03 23.01
----------------------------------------------------------------
SHEE0032-003 08/12/2023
Rates Fringes
SHEETMETAL WORKER (HVAC Duct
Installation)....... $ 29.1e 14.68
----------------------------------------------------------------
SUPL2009-059 e5/22/2009
Rates Fringes
CARPENTER......................_$ 15.08 5.07
CEMENT MASON/CONCRETE FXNXSHER...$ 12.45 0.00
FENCE ERECTOR....................$ 9.94 0.00
LABORER: Common or General......$ 8.62 0.00
LABORER'',: Pipelayer..............$ 10.45 0.00
OPERATOR: Backhoe/Exc,aVator ....$ 16.98 0.00
OPERATOR: Paver (Asphalt,
https://som.gov/wagL-detem-dnafion/FL20240022)2 26
16
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..............
..........
3126/24,12'2$PM SAM.gov
Aggregate, and Concrete).........$ 9.s8 0.00
OPERATOR: Pump..... $ 11,00 0-00
PAINTER: Roller, and WaY.......$ 22.21 0.00
PLUMBER........................_$ 12.27 3.33
ROOFER: Built Up,
Composition, Hot Tar and
single Ply........... ........$ 24.33 0.00
SHEET METAL WORKER, Excludes
HVAC Duct Installation:...........$ 14.42 3-61
TRUCK DRIVER, Includes Dump
and 10 Yard Haul Away..... ......$ 8,ee 0-15
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
Workers in this classification may be entitled to a higher
minimum wage under Executive Order 14026 ($17.20) or 13658
($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the
minimum wage requirements of Executive Order 14026 are not
currently being enforced as to any contract or subcontract to
which the states of Texas, Louisiana, or Mississippi, Including
their agencies, are a party.
Note. Executive Order (EO) 23706, Establishing Paid Sick Leave
for Federal Contractors applies to all contracts subject to the
Davis-Bacon Act for which the contract is awarded (and any
solicitation was issued) on or after 3anuary 1, 2017- If this
contract is covered by the EO, the contractor must provide
employees with I hour of paid sick leave for every 30 hours
they work, up to SG hours of paid sick leave each year.
Employees must be permitted to use paid sick leave for their
own illness, injury or other health-related needs, including
preventive care; to assist a family member (or person who is
like family to the employee) who is ill, injured, or has other
health-related needs, including preventive care; or for reasons
resulting from, or to assist a family member (or person who is
like family to the employee) who is a victim of, domestic
violence, sexual assault, or stalking. Additional information
on contractor requirements and worker protections under the ED
is available at
https://www.dol.gov/agenc:Les/whd/government-contracts.
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after
award only as provided in the labor standards contract clauses
(29CFR 5,5 (a) (2) (Ili)).
----------------------------------------------------------------
The body of each wage determination lists the classification
and wage rates that have been found to be prevailing fan the
cited type(s) of construction in the area covered by the wage
determination. The classifications are listed in alphabetical
https:tfsam.go/"ge-ftt trams fi*A/FL202400= 3JS
17
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..........
3/26Y24„12:28 PM
order of ""identifiers" that indicate whether the particular
rate is a union! rate (current union negotiated rate for local),
a survey rate (weighted average rate) or a union average rate
(weighted union average rate).
Union Rate Identifiers
A four letter classification abbreviation identifier enclosed
in dotted lines beginning with characters other than "'SU'" or
''UAV,G'' denotes that the union classification and rate were
prevailing for that classification in the survey. Example:
PLUM 298-005 07/01/2024, PLUM is an abbreviation Identifier of
the union which prevailed in the survey for this
classification, which In this example would be Plumbers. 0198
Indicates the local union number or district council number
where applicable, i.e., Plumbers Local 0198- The next number,
005 in the example, Is an internal number used in processing
the wage determination- 07/01/2014 is the effective date of the
most: current negotiated rate, which in this example is July 1,
2024.
Union prevailing wage rates are updated to reflect all rate
changes in the collective bargaining agreement: (CBA) governing
this classification and rate.
Survey Rate Identifiers
Classifications listed under the ""SU-" identifier indicate that
no one rate prevailed for this classification in the survey and
the published rate is derived by computing a weighted average
rate based on all the rates reported in the survey for that
classification. As this weighted average rate includes all
rates reported in the survey, it may include both union and
non-union rates. Example., SULA2012-007 5/13/2024. SU indicates
the rates are survey rates based on a weighted aver-age
calculation of rates and are not majority rates. LA Indicates
the State of Louisiana. 2012 is the year of survey on which
these classifications and rates are based. The next number, 007
in the example, is an internal number used in producing the
wage determination. 5/I3/2014 Indicates the survey completion
date for the classifications and rates under that identifier.
Survey wage rates are not updated and remain In effect until a
new survey is conducted.
Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate
that no single majority rate prevailed for those
classifications; however, 100X of the data reported for the
classifications was union data. EXAMPLE- UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union
average rate. ON indicates the state. The next number, 0010 in
the example, is an internal number used in producing the wage
determination. 08/29/2014 indicates the survey completion date
for the classifications and rates under that -identifier.
A UAVG rate will be updated once a year, usually In January of
each year, to reflect a weighted average of the current
negotiated/CSA rate of the union locals from which the rate Is
based.
----------------------------------------------------------------
https:lisam.govMage-determinadmiFL20240022o2 4r.
18
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3QW4.1228 PM "A"gov
WAGE DETERMINATION APPEALS PROCESS
2.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, Including requests
for summaries of surveys, should be with the wage and Hour
National office because National Office has responsibility for
the Davis-Bacon survey program. If the response from this
initial contact is not satisfactory, then the process described
in 2.) and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W,
Washington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected', by the action) can request
review and reconsideration from the wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
interested party's position and by any Information (wage
payment data, project description, area practice material,
etc.) that: the requester considers relevant to the -issue.
3.) If the decision of the Administrator is not favorable, an
Interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board). Write to*
Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, K.W.
Washington, DC 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION"
https:/Isam.gov/wagL-dLterrrination/FL2024002= 55
19
1718
ATTACHMENT "C"
BYRD-ANTI LOBBYING CERTIFICATION
20
1719
............. ..........
BYRD-ANTI LOBBYING CERTWICATION
APPENDIX A,44 C.F.R.PART 18—CERTIFICATION REGARDING LOBBYING
(To be submitted with each bid or offer exceeding$100,000)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies,to the best of his or her knowledge and belief,that-,
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress,an officer or employee of Congress,or an employee of aMember of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress,an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract,grant, loan, or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance
with its instructions.
3 The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly. This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code, Any
person who fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more Than $1 00,000 for each such failure.
The Contractor, At t fUWfr 6eanrAtuw , certifies or affirms the truthfulness and accuracy of
each statement of its certification and disclosure, if any. In addition, the Contractor understands
and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims
and Statements, apply to this certification and disclosure, if any.
rt
Sigrf Ytire of CAtractor's Authorized Official
TQ r4tJ 9, G raroo , Pr-R,�JeM -7. 0 P, ZoZ�'
Name and Title of Contractor's Authorized Official Date
21
1720
.......... ... .. ......... ......
M%TOSURE
M022 OF FOt''�' ACM
- rid F—I �
. Ty eof�e!der ? t Gn- 2 Ac
Stator,of Federal ts - . R .
z. x _.
b- b m3waidb
c MPVMMgM C. pon-awwdkm F
e. 110M,Muntles,- Fem
TMEME
f t of
_';, d_ of f IE En'' in 1Nwa. Sa iwardee-
Etta-"gnu sdAddrees F"time:
Tier ifkMMMI
cmigmsiqual Disak't tf
S. FederA i cy:: 7 FederalPropm,J;M4 ct,ifknmm
_ '
9_ AIR
7� ,N ,ofLob �ZCTDA
gL
OR _
® _
b.
an
a. cash d. z t
. B"nemescriptionofs ea Performed or to be perforandz
OKKW5),empW or e ;)cantxte4 furPaymeNtIsduted im Item 11ti
• e „v
125, CCMtiR= Sheet(S) Fj
M. ti sbat fir "
FwOdc orti Anypwzcm WID 59; U122-
AnftdzedfwZaca3Rsmdm7tm
Fecal Use OnIy- F LIL
- c PARTZPCOUWITY
1721
INSTRUCTIONS FOR COMPLETION OF SF-LLL,-DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation
or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing
of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to
influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of
a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if
the space on the form is inadequate, Complete all items that apply for both the initial filing and material change report. Refer
to the implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,
the outcome of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report, If this is a follow-up report caused by a material change to
the information previously reported,enter the year and quarter in which the change occurred. Enter the date
ofthe last, previously submitted report by this reporting entity for this covered Federal action,
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if
known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime
orsubaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier.
Subawards include but are not limited to subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state,
and zip code of the prime Federal recipient. Include Congressional District,ifknowm.
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization
level below agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the Federal program name or description,for the covered Federal action(item 1). If known,enter the full
Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans,and loan
commitments.
8. Enter the most appropriate Federal identifying number available for the Federal action identification in item I (e.g.,
Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract
grant.or loan award number,the application/proposal control number assigned by the Federal agency). Include
prefixes,e.g., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the
Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.
10. (a)Enter the full name,address,city,state,and zip code of the lobbying entity engaged by the reporting entity
identified in item 4 to influence the covered Federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a).
Enter Last Name,First Name and Middle Initial(MI).
IL Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the
lobbying entity(item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check
all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned
to be made.
12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,
specify the nature and value of the in-kind payment.
13. Check the appropriate box. Check all boxes that apply, If other,specify nature,
14. Provide:a specific and detailed description of the services that the lobbyist has performed or will be expected to
perform, and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in
actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)
employoc(s)orMember(s) Of Congress that were contacted.
15. Check whether or not a continuation sheet(s)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for
reviewing instruction,searching existing data sources,gathering,and maintaining the data needed,and completing and reviewing
the collection of information. Send comments regarding the burden estimate or any other aspect ofthis collection of information,
including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project.
(0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04-90<<LNDIF>>2-
6d PART 2/COUNTY
23
1722
ADDITIONAL COUNTY FORMS
24
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.. ..................... ...................
FOREIGN ENTITIES AFFIDAVIT F.S.287.138
of the city of according to law on my oath, and under
penalty of perjury,depose and say that:
a. I am of the firm of
("Entity"), the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said proposal with full
authority to do so;
b. The Entity is not owned by the government of a foreign country of concern as defined in Section
287.138,Florida Statutes.(Source: §287.138(2)(a),Florida Statutes);
C. The government of a foreign country of concern does not have a controlling interest in Entity.
(Source: §287.138(2)(b),Florida Statutes);
d. Entity is not owned or controlled by the government of a foreign country of concern,as defined in
Section 692.201,Florida Statutes.(Source: §288.0�07(2),Florida Statutes);
e. Entity is not a partnership,association, corporation,organization, or other combination of persons
organized under the laws of or having its principal place of business in a foreign country of concern,
as defined in Section 692.201,Florida Statutes,or a subsidiary of such entity.(Source:§288,007(2),
Florida Statutes);
f. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: §
692.202(5)(a)(1),Florida Statutes);
9- Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204,
Florida Statutes.
h. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from
purchasing the subject real property.Entity is either(a)not a person or entity described in Section
692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to
purchase the subject property. Entity is in compliance with the require is of Section 692.204,
Florida Statutes.(Source: §§ 692.203(6)(a),692.204(6)(a),Florida St require
i. The statements contained in this affidavit are true and correct, made with full knowledge that
Monroe County relies upon the truth of the statements co ined in this affidavit in awarding
contracts for said project.
a 'U e
""3 t)'')9�tat
n this affidavit are n the truth
of the
(Sig ure)
t
STATE OF: e: 201-1-V
COUNTY OF:
Subscribed and sworn to(or affirmed) ore me,by means of El physical presence or E3 online notarization,on
ly
(date)by
�o
Ily ow
(name of affiant). He/She i ersonally known to me or has produced
(type of identification)as identification.
NOTARY PUBLIC
My Commission Expires:
25
1724
COMMON CARRIER RESPONSIBILITIES AFFIDAVIT
F.S. 908.111
ZjC'r-j of the City of �f-v leyt
according to law on my oath, and under penalty of perjury, depose and say that:
If Contractor is a common carrier,as defined by Section 908.111,Florida Statutes,then Contractor
hereby certifies that it is not willfully providing and will not willfully provide any service during
the Contract term in furtherance of transporting a person into this state knowing that the person is
an Unauthorized Alien, except to facilitate the detention, removal,or departure of the person from
this state or the United States.
(Signature)
or%j R. Gc�rc%Q
Printed Name
Date: -7.f 2-0?—q
STATE OF: ez,�4A
COUNTY OF: i - DiA
Subscribed and sworn to (or affirmed) before me, by means of5f physical presence or 0 online
notarization, on (date)by A 6,7A.R
(name of affiant). He/She is 99222Ey known to me or has produced
(type of identification) as,
identification.
NOTARY PUBLIC
My Commission Expires: 'S-=r4-- 10 ac'Z q
n�. ANA P.MEJ1A
Notary public-State of Florida
Com
mission#HH 04123;
pr my Comm.Expires Sep 10,2024
Forded through National Notary Assn.
26
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AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT
FOR LABOR OR SERVICES
Entity/Vendor Name: Ark I P awe-r
VendorFEIN:
Vendor's Authorized Representative: 0-6c," . 0' . Gcuaclq
Address: c (Name and Title)
I W US k 19-*' Wc4,�
City: -14-c-- �-k-fty State: FL- Zip: a
Phone Number: 3 Q 5 - '16 gL. c)0 0
Email Address: ALLPWfe Q- bC-- I S-dU+k- N e--t
As a nongovernmental entity executing, renewing, or extending a contract with
a government entity, Vendor is required to provide an affidavit under penalty of
perjury attesting that Vendor does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or
confine any person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person
when labor or services are pledged as a security for the debt, if the value
of the labor or services as reasonably assessed is not applied toward
the liquidation of the debt, the length and nature of the labor or service
are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or
possessing any actual or purported passport, visa, or other immigration
document, or any other actual or purported government identification
document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule
1I of Section 893.03 to any person for the purpose of exploitation of that
person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of
perjury that Vendor does not use coercion for labor or services in accordance
with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida
Statutes, and agrees to abide by same.
Certified ?-T�C-o�r-P who is
authorized to sign on beha If f the move referenced company.
Authorized Signatul 7�, 17
Print Name: T%Icir-A 1 Gc"V%'ta�
Title:
27
1726