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Contract 2021-058A
DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 #2021-058-A AGREEMENT NO. 2021-058 FOR UTILITIES SCADA CONSTRUCTION SERVICES THIS AGREEMENT, is made and entered into this 31 st day of August 2021, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and REVERE CONTROL SYSTEMS, INC, whose address is: 2240 Rocky Ridge Road, Birmingham, AL 35216, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Polk County through the public procurement process awarded an Agreement for Utilities SCADA Construction Services, Polk County Contract Number 2021-019; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Polk County Contract Number 2021-019; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE 1— SCOPE OF WORK The CONTRACTOR shall furnish Utilities SCADA Construction Services as described in the Polk County Contract Number 2021-019, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE 2 — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. ARTICLE 3 — TERM AND TERNIINATION 3.1. This Agreement is to become effective upon execution by both parties, and shall remain in effect until March 16, 2026 unless terminated or renewed by Polk County. DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 3.2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3.3. Upon mutual Agreement of the parties, this Agreement may be renewed for additional year terms. ARTICLE 4 — PROVISION OF SERVICES AND COMPLETION OF WORK 4.1. The CONTRACTOR shall only provide to CITY SCADA services upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in Polk County Contract Number 2021-019 or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 4.2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 4.3. It is expressly understood and agreed that the passing, approval and/or acceptance of any gasoline, diesel, kerosene, LP gas and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas and bio-diesel so as to comply with the warranties and specifications hereof. 4.4 COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 ARTICLE 5 — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE 6 — DISPUTE RESOLUTION - MEDIATION 6.1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 6.2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 6.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE 7 — INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 (a) CONTRACTOR's Commercial General Liability, $1,000,000 Each, ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit (c) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 4 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 ARTICLE 8 — NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Revere Control Systems, Inc 2240 Rocky Ridge Rd Birmingham, AL 35216 Attention: Nan Johnson, Division VP OWNER: City of Clermont Attn: Susan C. Dauderis, Interim City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE 9 — MISCELLANEOUS 9.1. Attorneys' Fees — In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver — The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability — If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment — Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 9.5. Entire AgIeement — This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 5 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 9.6. Assi ng ment — Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 9.7. Venue — The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. AWlicable Law — This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9.9. Public Records — Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ,:1 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114EO493 ARTICLE 10 — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 10.1. This Agreement 10.2. Purchase Order / Notice To Proceed 10.3. An applicable Contractor Quote or Statement of Work 10.4. All documents contained in the Polk County Contract Number 2021-019 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 31 st day of August 2021. CITY OF CLERMONT DocuSlgned by: � s O 7w4C9 PG�J�y ,s Susan Dauderis, Interim City Manager ATTEST: Docu3igned by: -=A�� Haws 3A,,,3490SB344A... Tracy Ackroyd Howe, City Clerk 7 DS DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 REVERE CONTROLS SYSTEMS, INC Signed by: By: 1ZL �bu,In,Siovu (Signature) N Print Name: Nan Johnson Title: VP of municipal systems Date: 8/23/2021 ATTEST: - DocuSigned by: Nt,tSS� S}t,1NaY'� Missy Stewart (Name Printed or Typed) 8 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 2021=019 MASTER AGREEMENT FOR UTILITIES SCADA CONSTRUCTION SERVICES THIS AGREEMENT (the "Agreement") is entered into as of the Effective Date (defined in Section 1, below) by and between Polk County (the "County"), a political subdivision of the State of Florida, situated at 330 West Church Street, Bartow, Florida, 33830, and Curry Controls Company (the "Contractor"), a Florida corporation, located at 4245 South Pipkin Road, Lakeland, Florida 33811 and whose Federal Employer Identification Number is 59-1437405. WHEREAS, the County desires to retain the services of a third -party vendor to provide SCADA engineering, permitting, and construction services for planned and emergency projects for Polk County Utilities Division; and WHEREAS, the County has solicited for these services via an advertised request for proposal ("RFP 20-964") to which the Contractor submitted a proposal thereto; and WHEREAS, the Contractor has considerable expertise in Supervisory Control and Data Acquisition (SCADA) systems and related subsystems including electrical, instrumentation, server, and networking systems; and WHEREAS, the Contractor is able and agreeable to providing the County the construction related services and represents that it is competent, qualified, capable and prepared to do so according to the terms and conditions stated herein. NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the County and the Contractor hereby agree, as follows: 1.0 Effective Date; Term 1.1 This Agreement shall take effect on the date (the "Effective Date") of its execution by the County. 1.2 The term of this Agreement shall be for a five (5) year time period, commencing upon the Effective Date and remaining in force and effect thereafter, unless sooner otherwise terminated as provided herein. 2.0 Services To Be Performed By Contractor 2.1 The County does hereby retain the Contractor to furnish those services and to perform those tasks (collectively, the "Services") further described in (i) the County's Request for Proposal RFP 20-964, to include all attachments and addenda, and (ii) the Contractor's responsive proposal thereto (collectively, (i) and (ii) are "RFP 20-964"), both of which are incorporated into this Agreement by this reference, attached as a composite Exhibit "A" and made DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 a part of this Agreement. For purposes of this Agreement, a "Project" shall be defined as Services required by the County and performed by the Contractor, whether planned with advance notice, or required and performed as a result of an emergency, each as further set forth and described below. 2.2 Planned Protects. 2.2.1 When the County requires the Contractor to perform Services for a planned Project, the County, by the Division Director or their Designee, will issue a Work Authorization to the Contractor stating the specific scope of services, time schedule, and a maximum limit of compensation based on the unit prices listed in Exhibit `B" for the planned Project, and all provisions of this Agreement shall apply to the Work Authorization with full force and effect as if appearing in full within each Work Authorization. Each Work Authorization will also state the following Project information: (1) specific scope of services, (2) maximum amount of compensation, (3) Project schedule, (4) liquidated damages (if applicable), (5) Public Construction Bond (if applicable). Each Work Authorization shall become effective upon due execution and issuance of a purchase order. 2.2.2 Planned Work Authorizations greater than $100,000 shall be approved by the County Manager or designee prior to a purchase order being issued for the services. These Work Authorizations must also include a history of cumulative spend for all prior work authorizations executed under this Agreement. 2.2.3 The Contractor is not authorized to undertake any planned Project without a duly executed Work Authorization and corresponding purchase order, which shall specify the services to be performed and the time to be completed. 2.3 Emergency Projects. 2.3.1 When the County requires the Contractor to perform Services for an emergency Project, the County, by the Division Director or their Designee, will notify the Contractor of the emergency, generally defined as life threatening, a health -related risk, acts of nature and equipment/product failure. The Contractor shall mobilize crew within one (1) hour of the first call on any given day, night, weekend, or holiday. The estimated cost will be set at time of said emergency. The services shall commence at once and a Work Authorization and purchase order will be issued when an accurate cost can be established. All provisions of this Agreement shall apply to the Work Authorization with full force and effect as if appearing in full within each Work Authorization. 2 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 2.4 Non -Exclusive Provider. The Contractor recognizes and acknowledges that the County may employ several different contractors to perform the same or similar Services for the County and that the Contractor has not been employed as the exclusive agent to perform any such Services. 2.5 Work Authorizations Valid After Agreement Ex iration. When the Contractor and the County enter into a Work Authorization for any Project where the term of the Work Authorization expires on a date that is later than the date that the Agreement expires, the Contractor and the County agree that the terms of this Agreement and any amendments, attachments or provisions thereof shall automatically extend through and until the expiration (including any extension or amendment thereto) or full completion of the requirements of the Work Authorization have been performed. Cancellation by the County of any remaining services prior to the Contractor's full completion of the requirements of the Work Authorization shall cause the terms of this Agreement to terminate at the same time. This Section 2.5 applies only when the expiration of the Work Authorization extends beyond the expiration of this Agreement. This section does not apply when a Work Authorization expires or is cancelled prior to the expiration of this Agreement. 3.0 Compensation 3.1 General 3.1.1 The County shall pay the Contractor in accordance with Exhibit "B", "Fee Schedule", which is attached hereto and incorporated by reference as part of this Agreement. The fee schedule identifies all in scope line items, which will be performed as billable services pursuant to this Agreement and the fee for each line item. Performance of work by line items not listed on the fee schedule may be considered out of scope work. Out of scope work shall not be performed without prior written approval by the County, and doing so will result in nonpayment for such services. 3.1.2 Out of scope work is defined as necessary items of construction that are not included in the Scope of the Work as described in RFP 20-964 and this Agreement. If during the course of executing a planned or emergency Project, the Contractor determines there are necessary items of construction that are not included on Exhibit `B", the Contractor should submit an out of scope proposal for all out -of -scope work. The cost 3 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 of the out of scope work shall not be greater than twenty percent (20%) of the cost of the in scope work. 3.1.3 For all Work Authorizations greater than $100,000, the Contractor shall fiunish a Public Construction Bond (PCB) in the amount of such Work Authorizations. For all Work Authorizations greater than $50,000 but less than $100,000, a determination will be made by the Utilities Director or Designee if a PCB shall be required. A purchase order will be issued to the Contractor for the purpose of obtaining a PCB for the applicable Work Authorization. The Contractor must provide an original PCB to the Procurement Division prior to beginning work on the specified or approved Work Authorization for planned Projects only. For Emergency Projects requiring a PCB, the Contractor shall provide an original PCB to the Procurement Division within five (5) business days after the Notice to Proceed has been issued. 3.1.4 Upon the mutual agreement of the parties, the Fee Schedule, as set out in Exhibit "B" may be adjusted by a written amendment to this Agreement annually beginning one year from the Effective Date of this Agreement. Such amendment must be executed by both parties and shall operate prospectively only and shall not alter fee schedules for Work Authorizations in effect at the time of the amendment. 3.1.5 Compensation may be negotiated as a not to exceed price or a lump sum amount on a per -project basis, on each individual Work Authorization. 3.1.6 Each individual application for payment shall be due and payable twenty (20) business days after receipt by the County of correct, fully documented, application for payment, in form and substance satisfactory to the County with all appropriate cost substantiation attached. All invoices for payment must reference this Agreement, corresponding purchase order number and shall be delivered, as applicable based on the particular project. Payment is subject to retainage in accordance with FS 218.735. The amount of retainage is 5% until such time retainage is reduced in accordance with the contract document or as provided in FS 218.735. 3.1.7 The Contractor shall attach all appropriate cost substantiation to the invoice and shall deliver the invoices to: Polk County Utilities 1011 Jim Keene Blvd Winter Haven, FL 33880 3.1.8 The Contractor will clearly state "Final Invoice" on the Contractor's final/last billing for the Services rendered to the County. The Contractor's submission of a Final 4 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 Invoice is its certification that all Services have been properly performed and all charges and costs have been invoiced to the County. This account will be closed upon the County's receipt of a Final Invoice. The Contractor hereby waives any charges not properly included on its Final Invoice. 3.1.9 The County's payment of the Final Invoice shall not constitute evidence of the County's acceptance of the Contractor's performance of the Service or the County's acceptance of any work. 3.1.10 By submitting an invoice, the Contractor's project manager or designated payroll officer is attesting to the correctness and accuracy of all charges. 3.2 Reimbursable Expenses 3.2.1 The Contractor's requests for payment of parts eligible for reimbursement under the terms of this Agreement shall be reimbursed at cost plus ten percent (10%) as stated in Exhibit "B" of this Agreement. The Contractor's requests for payment shall include copies of paid receipts, invoices or other documentation acceptable to the County's Auditor. To qualify for reimbursement, the Contractor's documentation shall be sufficient to establish that the expense was actually incurred and necessary in the Contractor's performance of the Services in accordance with this Agreement. 3.2.2 Contractor shall request reimbursement for PCB, if applicable, on the first application for payment; a copy of the bond premium invoice should be attached to the first application for payment and will be reimbursed at cost. 3.2.3 All assets, i.e. durable goods, purchased as reimbursable expenses become the property of the County upon completion of any work for which the asset was utilized. All such assets must be immediately surrendered by delivery to the County's Utilities Division offices upon demand following the termination of the Agreement. 3.2.4 Contractor shall maintain a current inventory of all such assets. 4.0 Contractor's Responsibilities 4.1 The Contractor shall be responsible for the professional quality, accuracy, competence, methodology, and the coordination of all Services performed pursuant to this Agreement. 4.2 The County's review, approval, acceptance, or payment for any of the Contractor's Services shall not be construed to: (i) operate as a waiver of any rights the County possesses under this Agreement; or (ii) waive or release any claim or cause of action arising out 5 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 of the Contractor's performance or nonperformance of this Agreement. The Contractor shall be and will always remain liable to the County in accordance with applicable law for any and all damages to the County caused by the Contractor's negligent or wrongful performance or nonperformance of any of the Services to be furnished under this Agreement. 5.0 Ownership of Documents All analyses, reference data, bills, completed reports, or any other form of written instrument or document created or resulting from the Contractor's performance of the Services pursuant to this Agreement shall become the property of the County after payment is made to the Contractor for such instruments or documents. 6.0 Termination 6.1 The County may terminate this Agreement, in whole or in part, at any time, either for the County's convenience or because of the failure of the Contractor to fulfill its obligations under this Agreement, subject to the cure period provided in Section 27.0, by delivering written notice to the Contractor. Upon receipt of such notice, the Contractor shall: directs otherwise, and 6.1.1 Immediately discontinue all affected Services unless the notice 6.1.2 Deliver to the County all data, reports, summaries, and any and all such other information and materials of whatever type or nature as may have been accumulated by the Contractor in performing this Agreement, whether completed or in process. 6.2 Unless in dispute or subject to the County's right of set-off or other remedy, the Contractor shall be paid for Services actually rendered to the date of termination. 6.3 The rights and remedies of the County provided for in this Section 6 are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. 7.0 No Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor 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 the Contractor, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award of or making of the Agreement. For the breach or violation of this provision, the County shall have the right to C DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 8.0 Assignment The Contractor shall not assign, transfer, or encumber this Agreement, or any interest herein, under any circumstances, without obtaining the prior written consent of the County, which consent may be withheld in the County's exercise of its reasonable discretion. 9.0 Professional Associates and Subcontractors If the Contractor requires the assistance of any professional associates or subcontractors in connection with its providing the Services the Contractor must obtain the prior express written approval of the County, which the County may withhold in its discretion, before any such professional associate or subcontractor may perform any work for the County. If after obtaining the County's approval the Contractor utilizes any professional associates or subcontractors in the delivery of the Services then the Contractor shall remain solely and fully liable to the County for the performance or nonperformance of all such professional associates and subcontractors. The failure of a professional associate or subcontractor to timely or properly perform any of its obligations to the Contractor shall not relieve the Contractor of its obligations to the County under this Agreement. 10.0 Indemnification of County The Contractor, to the extent permitted by law, shall indemnify, defend (by counsel reasonably acceptable to County) protect and hold the County, and its officers, employees and agents harmless from and against any and all, claims, actions, causes of action, liabilities, penalties, forfeitures, damages, losses, and expenses (including, without limitation, attorneys' fees costs and expenses incurred during negotiation, through litigation and all appeals therefrom) whatsoever including, but not limited, to those pertaining to the death of or injury to any person, or damage to any property, arising out of or resulting from (i) the failure of Contractor to comply with applicable laws, rules or regulations, (ii) the breach by Contractor of its obligations under this Agreement, (iii) any claim for trademark, patent or copyright infringement arising out of the scope of Contractor's performance or nonperformance of this Agreement, or (iv) the negligent acts, errors or omissions, or intentional or willful misconduct, of Contractor, its professional associates, subcontractors, agents, and employees provided, however, that Contractor shall not be obligated 7 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D6B5114E0493 to defend or indemnify the County with respect to any such claims or damages arising out of the County's sole negligence. 11.0 Insurance Requirements The Contractor shall maintain at all times the following minimum levels of insurance and shall, without in any way altering its liability, obtain, pay for and maintain insurance for the coverage and amounts of coverage not less than those set forth below. The Contractor shall provide the original Certificates of Insurance satisfactory to the County to evidence such coverage before any work commences. The County shall be named as an additional insured on General and Automobile Liability policies. Contractor shall also provide an updated Certificate of Insurance upon renewal material change, cancellation, non -renewal or Insurer change. General Liability, Automobile and Workers' Compensation (including Employers Liability) policies shall contain a waiver of subrogation in favor of Polk County. The commercial General Liability Policy shall (by endorsement if necessary) provide contractual liability coverage for the contractual indemnity stated in Section 10, above. All insurance coverage shall be written with a company having an A.M. Best rating of at least the "A" category and size category of at least VIH. The Contractor's self -insured retention or deductible per line of coverage shall not exceed $25,000 without the permission of the County. In the event of any failure by the Contractor to comply with the provisions of this Section 11, the County may, at its option, upon notice to the Contractor suspend Contractor's performance of the Services for cause until there is full compliance. Alternatively, the County may purchase such insurance at the Contractor's expense, provided that the County shall have no obligation to do so and if the County shall do so, the Contractor shall not be relieved of or excused from the obligation to obtain and maintain such insurance amounts and coverage. In the event that the Contractor hires sub -contractors to do any part of the Contracted work shall be required to carry the same coverage as setout herein. a. Workers' Compensation Insurance providing statutory benefits, including those that may be required by any applicable federal statute: Admitted in Florida Yes Employer's Liability $100,000 All States Endorsement Statutory USL & H Endorsement Statutory Voluntary Compensation Statutory b. Commercial General Liability Insurance, naming the County (Owner) as an additional insured and/or Owner Protective Liability, when required by the County's Risk Manager, DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-13247-D8B5114E0493 Contractual, Products and Completed Operations Liability coverage on an occurrence policy form in limits not less than those listed and deductible amounts not to exceed $25,000. Aggregate Combined: $22 &0 Each Occurrence: $1,000.000 M&C/CGL $ Broad Form CGL $1 0,_0 Contractual Liability $1 M0.000 Products $ Completed Operation $11,000.000 Personal Injury $ Independent Contractors $ XCU Property Damage Excel $ Excess Liability $ Regarding Completed Operations Liability: Continue coverage in force for two (2) years after County's acceptance of the project. c. Automobile Liability Insurance. Coverage shall be maintained by the Contractor as to the ownership, maintenance and use of all of its owned, non -owned, leased or hired vehicles with limits of not less than: Bodily Injury & Property Damage Liability $1.000,000 Combined Single Limit Each Accident Professional Liability in the amount of $2.000.000 per occurrence. 12.0 Public Construction Bond 12.1 All Public Construction Bonds shall be in the form prescribed by the Work Authorizations issued for each project except as otherwise provided by Laws or Regulations, and shall be executed by a surety authorized to do business in the State of Florida and as named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff, Bureau of Government Financial Operations, U.S. Treasury Department and A.M. Best rated A VIII or better. All bonds signed by an agent must be accompanied by a certified copy of authority to act and indicate that they are licensed to do business in the State of Florida. Attorneys -in -fact who sign bonds or other surety instruments must attach with each bond or surety instrument an effective and certified power of attorney. 12.2 PCB's shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Laws or Regulations or by the Contract Documents. DocuSign Envelope ID: 7AMBRB-07664FDA-6247-MB5114EO493 12.3 The Contractor shall be required to furnish additional coverage for added work. The surety is required to increase the amount of the bond in the same amount of one or more change orders. 12.4 If the surety on a bond furnished by the Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in any state or it ceases to meet the requirements of 12.1, the Contractor shall within ten (10) work days thereafter substitute another bond and surety, both of which must be acceptable to the County. 13.0 Public Entity Crimes The Contractor understands and acknowledges that this Agreement will be voidable by the County in the event the conditions stated in Florida Statutes, Section 287.133 relating to conviction for a public entity crime apply to the Contractor. 14.0 Non -Discrimination The Contractor warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, gender, age or national origin. 15.0 Designation of Party Representatives 15.1 Upon receipt of a request from the Contractor, the County shall designate in writing one or more of its employees who are authorized to act by and on behalf of the County to transmit instructions, receive information and interpret and define the County's policy and decisions with respect to the Services to be provided pursuant to this Agreement. 15.2 The Contractor shall designate or appoint one or more Contractor representatives who are authorized to act on behalf of and to bind the Contractor regarding all matters involving the conduct of its performance pursuant to this Agreement. 16.0 All Prior Agreements Superseded This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document or its designated exhibits. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 17.0 Modifications, Amendments or Alterations No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless agreed to and executed in writing by both parties to this Agreement in a form acceptable to the County. 18.0 Independent Contractor Nothing stated in this Agreement is intended or should be construed in any manner as creating or establishing a relationship of co-partners between the parties, or as constituting the Contractor (including its officers, employees, and agents) as the agent, representative, or employee of the County for any purpose, or in any manner, whatsoever. The Contractor is to be and shall remain forever an independent contractor with respect to all Services performed under this Agreement. The Contractor shall not pledge the County's credit or make the County a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness and the Contractor shall have no right to speak for or bind the County in any manner. 19.0 Public Records Law (a) The Contractor acknowledges the County's obligations under Article I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request and comply in the handling of the materials created under this Agreement. The Contractor further acknowledges that the constitutional and statutory provisions control over the terms of this Agreement. In association with its performance pursuant to this Agreement, the Contractor shall not release or otherwise disclose the content of any documents or information that is specifically exempt from disclosure pursuant to all applicable laws. (b) Without in any manner limiting the generality of the foregoing, to the extent applicable, the Contractor acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records, and shall: (1) keep and maintain public records required by the County to perform the services required under this Agreement; (2) upon request from the County's Custodian of Public Records or his/her designee, 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 Chapter 119, Florida Statutes, 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 term of this Agreement and following completion of this Agreement if the Contractor does not transfer the records to the County; and (4) upon completion of this Agreement, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of this Agreement, 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 this Agreement, the Contractor shall meet all 11 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's Custodian of Public Records, in a format that is compatible with the information technology systems of the County. (c) 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 AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT: RECORDS MANAGEMENT LIASON OFFICER POLK COUNTY 330 WEST CHURCH ST. BARTOW, FL 33830 TELEPHONE: (863) 534-7527 EMAIL: RMLO POLK-COUNTY.NEI 20.0 Compliance with Laws and Regulations In providing all Services 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 hereafter adopted. Any violation of said statutes, ordinances, rules, or regulations shall constitute a material breach of this Agreement, and shall entitle the County to terminate this Agreement immediately upon delivery of written notice of termination to the Contractor. 21.0 Governing Law and Venue This Agreement shall be governed in all respects by the laws of the State of Florida and any litigation with respect thereto shall be brought only in the courts of Polk County, Florida or in the United States District Court, Middle District of Florida, located in Hillsborough County, Florida. Each party shall be responsible for its own attorneys' fee s and other legal costs and expenses. 22.0 Notices Whenever either party desires to give notice unto the other, it must be given by written notice, delivered (i) in person, (ii) via registered or certified United States mail, postage prepaid with return receipt requested, or (iii) via nationally recognized overnight delivery service, and addressed to the parry for whom it is intended at the place last specified by each party. The place for giving of notice shall remain such until it is changed by written notice delivered in compliance 12 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 with the provisions of this Section 22. For the present, the parties designate the following as the respective places for giving of notice, to wit: For County: Utilities Division 1011 Jim Keene Boulevard Winter Haven, Florida 33880 Attention: Director For Contractor: Curry Controls Company. 4245 South Pipkin Road Lakeland, Florida 33811 Attention: Daniel L. Curry 23.0 Severability The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement; any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further 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. The provisions of this section shall not prevent the entire Agreement from being void should a provision which is of the essence of the Agreement be determined to be void. 24.0 Annual Appropriations Contractor acknowledges that during any fiscal year the County shall not expend money, incur any liability, or enter into any agreement which by its terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Accordingly, any agreement, verbal or written, the County may make in violation of this fiscal limitation is null and void, and no money may be paid on such agreement. The County may enter into agreements whose duration exceeds one year; however, any such agreement shall be executory only for the value of the services to be rendered which the County agrees to pay as allocated in its annual budget for each succeeding fiscal year. Accordingly, the County's performance and obligation to pay the Contractor under this Agreement is contingent upon annual appropriations being made for that purpose. 13 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 25.0 Unauthorized Allen(s) The Contractor shall not employ or utilize unauthorized aliens in the performance of the Services provided pursuant to this Agreement. The County shall consider the employment or utilization of unauthorized aliens a violation of Section 274A(e) of the Immigration and Naturalization Act (8 U.S.C. 1324a) and a cause for the County's unilateral termination of this Agreement. When delivering executed counterparts of this Agreement to the County, the Contractor shall also deliver a completed and executed counterpart of the attached "AFFIDAVIT CERTIFICATION IMMIGRATION LAWS" form. 26.0 Contractor Representations 26.1 The Contractor hereby represents and warrants the following to the County: 26.1.1 Contractor is a corporation that is duly organized and existing in good standing under the laws of the State of Florida with full right and authority to do business within the State of Florida. 26.1.2 Contractor's performance under this Agreement will not violate or breach any contract or agreement to which the Contractor is a party or is otherwise bound, and will not violate any governmental statute, ordinance, rule, or regulation. 26.1.3 Contractor has the full right and authority to enter into this Agreement and to perform its obligations in accordance with its terms. 26.1.4 Contractor now has and will continue to maintain all licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. 26.1.5 Contractor has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. 26.1.6 Contractor has the personnel and experience necessary to perform all Services in a professional and workmanlike manner. 26.1.7 Contractor shall exercise the same degree of care, skill, and diligence in the performance of the Services as provided by a professional of like experience, knowledge and resources, under similar circumstances. 26.1.8 Contractor shall, at no additional cost to County, re -perform those Services which fail to satisfy the foregoing standard of care or which otherwise fail to meet the requirements of this Agreement. 14 DocuSign Envelope ID: 7A2DBF9B-0766.4FDA-B247-D8B5114E0493 26.1.9 Each individual executing this Agreement on behalf of the Contractor is authorized to do so 27.0 Default and Remedy If the Contractor materially defaults in its obligations under this Agreement and fails to cure the same within fifteen (15) days after the date the Contractor receives written notice of the default from the County, then the County shall have the right to (i) immediately terminate this Agreement by delivering written notice to the Contractor, and (ii) pursue any and all remedies available in law, equity, and under this Agreement. If the County materially defaults in its obligations under this Agreement and fails to cure the same within fifteen (15) days after the date the County receives written notice of the default from the Contractor, then the Contractor shall have the right to immediately terminate this Agreement by delivering written notice to the County. Upon any such termination, the County shall pay the Contractor the full amount due and owing for all Services performed through the date of Agreement termination. 28.0 Limitation of Liability IN NO EVENT SHALL THE COUNTY BE LIABLE TO THE CONTRACTOR FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING LOSS OF PROFIT, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR RESULTING FROM THE NONPERFORMANCE OR BREACH OF THIS CONTRACT BY THE COUNTY WHETHER BASED IN CONTRACT, COMMON LAW, WARRANTY, TORT, STRICT LIABILITY, CONTRIBUTION, INDEMNITY OR OTHERWISE. 29.0 Waiver A waiver by either County or Contractor of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving parry's rights with respect to any other or further breach of this Agreement. The making or acceptance of a payment by either party with the knowledge of the other parry's existing default or breach of the Agreement shall not waive such default or breach, or any subsequent default or breach of this Agreement, and shall not be construed as doing so. 30.0 Attorneys' Fees and Costs Each party shall be responsible for its own legal and attorneys' fees, costs and expenses incurred in connection with any dispute or any litigation arising out of, or relating to this 15 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 Agreement, including attorneys' fees, costs, and expenses incurred for any appellate or bankruptcy proceedings. 31.0 Force Majeure Either party hereunder may be temporarily excused from performance if an Event of Force Majeure directly or indirectly causes its nonperformance. An "Event of Force Majeure" is defined as any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the nonperforming party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. Neither party shall be excused from performance if non-performance is due to forces which are reasonably preventable, removable, or remediable and which the non -performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied prior to, during, or immediately after their occurrence. Within five (5) days after the occurrence of an Event of Force Majeure, the non -performing party shall deliver written notice to the other party describing the event in reasonably sufficient detail, along with proof of how the event has precluded the non -performing party from performing its obligations hereunder, and a good faith estimate as to the anticipated duration of the delay and the means and methods for correcting the delay. The non -performing party's obligations, so far as those obligations are affected by the Event of Force Majeure, shall be temporarily suspended during, but no longer than, the continuance of the Event of Force Majeure and for a reasonable time thereafter as may be required for the non -performing party to return to normal business operations. If excused from performing any obligations under this Agreement due to the occurrence of an Event of Force Majeure, the non -performing party shall promptly, diligently, and in good faith take all reasonable action required for it to be able to commence or resume performance of its obligations under this Agreement. During any such time period, the non- performing party shall keep the other party duly notified of all such actions required for it to be able to commence or resume performance of its obligations under this Agreement. 32.0 Key Personnel The Contractor shall notify the County if any of the Contractor's Key Personnel (as defined, below) change during the Term of the Agreement. To the extent possible, the Contractor shall notify the County at least ten (10) days prior to any proposed change in its Key Personnel. At the County's request the Contractor shall remove without consequence to the County any of 16 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 the Contractor's contractors, sub -contractors, sub -contractors, agents or employees and replace the same with an appropriate substitute having the required skill and experience necessary to perform the Services. The County shall have the right to reject the Contractor's proposed changes in Key Personnel. The following individuals shall be considered "Key Personnel:" Name: Donald Schlicht, PE Name: Scott Cyphert Name: Eric Sullivan Name: Carl Van Dorn Name: Coy Spivey Name: Jimena Ibarra 33.0 Scrutinized Com anies and Business O erations Certification, Termination. A. Certification . (i) By its execution of this Agreement, the Contractor hereby certifies to the County that the Contractor is not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, nor is the Contractor engaged in a boycott of Israel, nor was the Contractor on such List or engaged in such a boycott at the time it submitted its bid, proposal, quote, or other form of offer, as applicable, to the County with respect to this Agreement. (ii) Additionally, if the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000), then the Contractor further certifies to the County as follows: (a) the Contractor is not on the Scrutinized Companies with Activities in Sudan List, created pursuant to Section 215.473, Florida Statutes; and (b) the Contractor is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473, Florida Statutes; and (c) the Contractor is not engaged in business operations (as that term is defined in Florida Statutes, Section 287.135) in Cuba or Syria; and (d) the Contractor was not on any of the Lists referenced in this subsection A(ii), nor engaged in business operations in Cuba or Syria when it submitted its proposal to the County concerning the subject of this Agreement. (iii) The Contractor hereby acknowledges that it is fully aware of the penalties that may be imposed upon the Contractor for submitting a false certification to the County regarding the foregoing matters. 17 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 B. Termination. In addition to any other termination rights stated herein, the County may immediately terminate this Agreement upon the occurrence of any of the following events: (i) The Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection A(i) above, or the Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (ii) The Contractor is found to have submitted a false certification to the County with respect to any of the matters set forth in subsection A(ii) above, or the Contractor is found to have been placed on the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in business operations in Cuba or Syria, and the value of the goods or services acquired under this Agreement are greater than or equal to One Million Dollars ($1,000,000). 34.0 No Construction Against Drafter The Parties acknowledge that this Agreement and all the terms and conditions contained herein have been fully reviewed and negotiated by the Parties. Accordingly, any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. 35.0 Employment Eligibility Verification (E-Verify) A. For purposes of this section, the following terms shall have the meanings ascribed to them below, or as may otherwise be defined in Section 448.095, Florida Statutes, as amended from time to time: (i) "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration; and (ii) "E-Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees; and (iii) "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. B. Pursuant to Section 448.095(2)(a), Florida Statutes, effective January 1, 2021, public employers, contractors and subcontractors shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. The Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of 18 DocuSign Envelope ID: 7A2DBF9B-0766.4FDA-B247-D8B5114E0493 (i) All persons employed by the Contractor to perform employment duties during the term of this contract; and (ii) All persons (including subvendors/subconsultants/subcontractors) assigned by the Contractor to perform work pursuant to this contract. C. The Contractor acknowledges and agrees that use of the U.S. Department of Homeland Security's E-Verify System and compliance with all other terms of this section is an express condition of this contract, and the County may treat a failure to comply as a material breach of this contract. By entering into this contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Tenth Judicial Circuit Court of Florida no later than 20 calendar days after the date of termination. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. The Contractor shall be liable for any additional costs incurred by the County as a result of the termination of this contract. Nothing in this section shall be construed to allow intentional discrimination of any class protected by law. (THE REMAINDER OF THE PAGE IS LEFT INTENTIONALLY BLANK; THE AGREEMENT CONTINUES ON THE FOLLOWING PAGE WITH THE PARTIES SIGNATURES.) 19 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective Date. ATTEST: STACY M. BUTTERFIELD CLERK OF THE BOARD VAR, "'OV I, LiIIIIII Date Signed By County :�� U=1 �ewed aq to form and Ipgal su.ffici cy. ledunty Attorney's Office Da ATTEST: By: L� Scott W. Cyphert PPJW NAME Vice President TITLE - — Date: 3-5-2021 20 Polk County, a political subdivision of the State of Florida B T. . ViTilson, Chairman Board of County Commissioners 4. k3 '���'a Missttl doh i�iaU14•:`�� Curry Controls Company, a Florida corporation By: Daniel L. Curry PRINT NAME President DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 ACKNOWLEDGEMENT OF FIRM IF A CORPORATION STATE OF Florida County OF Polk The foregoing instruments was acknowledged before me by means of Nurry hysical presence or Donline notarization this March 5, 2021 (Date) by Daniel (Name of officer or agent) as rest ent (title of offi5gr or agent) of the Company o ehalf of the Company, pursuant to the powers conferred upon&%er by the Company he personally, appeared before me at the time of notarization, and ® is personally known to a or D has produced _ as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all rf�ej1s��ects. Subscribe and sworn to (or affirmed) before me this March 5, 2021 (Date) j� 1211a.,A 45Qy�`r �++. ter. (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) 00 No" Publlo crate a f r4a Commission Nu i�r" s B�" 01/27/2022 y �p ission Expiration Date �r .._tl� s 01a7,2022 ACKNOWLEDGEMENT OF FIRM, IF A PARTNERSHIP STATE OF County OF The foregoing instrument was acknowledged before me by means of D physical presence or ❑ online notarization this (Date) by (Name of acknowledging partner or agent) on behalf of a partnership. He/She ersonally appeared before me at the time of notarization, and ❑ is personally known to me or 19 has produced_ as identification and did certify to have knowledge of the matters in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this. (Date) (Official Notary Signature and Notary Seal) _ (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date ACKNOWLEDGEMENT OF FIRM, IF AN INDIVIDUAL STATE OF County OF The foregoing instrument was acknowledged before me by means of D physical presence or ❑ online notarization this (Date) By (Name of acknowledging) who ersonally appeared before me at the time of notarization, and ❑ is personally known to me or who produced as identification and did certify to have knowledge of the matters in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this _ (Date) (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date 21 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 2/16=1 DOW by Entity Name DIvisioN OF CORPORATIONS fill (/f0{Clfll.ilfllf' 9l�i(�fllif! IPpt/3ff✓ I I finvok-erjb= I Detail by Entity Name Florida Profit Corporation CURRY CONTROLS COMPANY Eftg hyfannadgm Document Number 382774 FEI/ESI Number 59-1437405 Dab Filed OS/25/1971 State FL Status ACTIVE Last Event AMENDMENT Event Dab Filed 12/26/2012 Event Effective Dab NONE Princinat Address 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Changed: 01/03/2012 Mailing Address 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Changed: 01/08/2018 1 Curry, Daniel L 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Name Changed: 01/12/202$ Address Changed: 01raM13 Name S Address Tide President Curry, Daniel L 4245 S. PIPKIN ROAD LAKELAND, FL 33811 search.$uFi mrgMKP*YiCorporaUon5ewckfS rchRowWehMlWnqui"pe=EntityNamo&dinar!ionType=lniUaftwmhNemeOrder+CURRYCONTR... 113 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114EO493 2H61M1 Title VP Cyphert, Scott W 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Title Executive Secretary CURRY, Alexandra B 4245 S. PIPKW ROAD LAKELAND, FL 33811 Report Year Filed Dab 2019 02/06/2019 2020 01/1512020 2021 01/12/2021 Dolan by Entity Name OIRBV 21 -ANNUAL RFPORi View Image m PDF format View image m PDF format OZLOt M t9 - AVN1N IAL RM?= View Image In PDF format _ r Q XIRr20t8 AYNNUAL fMRr View Image in POF krmat 01f zmy - ANNt & Rt.P w View Image in PDF format QM2M--" AWNWAL f> EPM Mew Image in PDF format Mew Image Im PDF format Mew image in PDF format OIADY12014 - ANNUAL F*POM Mew image in PDF format View image in PDF format 12126M012 - Amendment Mew image In PDF format 018=12 - ANNUAL RIAORT Mew image in POF format 011AItl01t -ANNN gEoc_wr View Image in POF format View Image In POF format 0 rtar�0o9 _ tar aFoclaT Mew Image in PDF format 011j7n= - ANMAL REPORT Mew image in PDF formal' Q11090007 - ANNUAL RfiPM View image in PDF format 01101/200R -ANNUAL REPORT View image In POF format OU0412M -ANNUAL REPORT View image in PDF format r Q I97r200N - tA+ REPORT View Image in POF format O1NS1100! - Abilfift BRORT View image In POF formet Mew Image in PDF form_- j 01/11/2001 ANNUAL REPORT view Image In PDF format R3116•�Om - Am,rndrnw View Image h POF format_ 011102M - ANNUAL REPORT View image In PDF format Mew image in PDF format oflW11M - ANNUAL REPORT Mew image in POF format O9H N1997 - ANNUAL REPORT View Image rn PDF format 0N1211996 - ANNUAL REPORT View Imeoe in POF format iunbk.org"uiryrahRestrltDMI?inquirytAm=EntilyNameMkactfonTWM=kddel3seerchNameOrder-CURRYCONTR... 213 C _� 7 U O ......888$SSS88888888888$88888SSS888SS88$88ogo O 0007OYOD N A ONr N m f r! li 07747� M eO NN fp OD OO/D N P7 0C r a0 �f 1 @ t0 ►j M Op 10N NI A- % t0 elf M lY tO 1[� Or aC N Na 17 p� (�Np YN OI N�'�7 Ie�p ![7 Y� NOO g W m tp aaD P�g {� r ON� O N N pp W aO fD M @r C7 rN Ln CYN @N r (D r MN ft W YM r ON pfy N!"I 1�r11f�@GD OJM49r47 {� �t•11t1 � yNHyH N HNNNN H NH N HNN HN..p N . 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M 1f1 Q Z' U Q N 2 VI X �� � L Lo Lo aN mA � Ec o �$ z oa`' tea: Q =� �, A91 a - �Q E— 1,12 dth4ne, � z�C9r5 z ��w nN � age E E E�� �. 000111112, 00 I- u.aa@ �OZbNf,1 E��'J X}� 22�[ p w _ 3 m �- a�a�tSqqS�IQz _ su�u� 5?�+ ..I a e �,�—vt —_ .51 �t� I �- Q �. ILJ1'1$L 3LouWOA Lou WWI -icy VJVJF-�H� C9wQ MCOQQOQQ�($�j v�J au16 q�� Shy hC� W i@N_� OQ g 7 VV� W C W W C W W W W W M ?VJd0. r a a_$ d f"l ig! C 7 Ni U. S .8222Sa' (��y��yy♦ OD 4>CO� S 0co cc cpD g M� col S W"----0 M 1.8 A0 OO wNM'@tO ' - -r rw— h @OC - -w -wN MfLL!c N� N t� c O a.i M C O U a c a U CO) m m w w N a LL Ix 1 .- W W S ca CO) O U m DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 MASTER AGREEMENT FOR UTILITIES SCADA CONSTRUCTION SERVICES #21-019 AMENDMENT # 1 This Amendment #1 ("Amendment"), effective as of May 3, 2021 ("Effective Date"), is made and entered into by and between, Polk County, a political subdivision of the State of Florida, situated at 330 West Church Street, Bartow, Florida 33830 (the "County"), and Revere Control Systems, Inc., an Alabama corporation, located at 2240 Rocky Ridge Road, Birmingham, Alabama 35216 and whose Federal Employer Identification number is 63-0794615 ("Revere"). WITNESSET-1: WHEREAS, the County and Curry Controls Company, a Florida limited liability company ("Curry") entered into Master Agreement 21-019 on March 16, 2021 (the "Agreement"), for the purpose of providing SCADA engineering, permitting, and construction services for planned and emergency projects for Polk County Utilities Division as more fully set out in the scope of services included in the Agreement; and WHEREAS, pursuant to that certain Consent to Assignment of Contracts notification letter dated May 3, 2021 between Curry, and Revere, Curry conveyed certain assets related to its business, including without limitation, the Agreement and all of Curry's right, title, interest, duties and obligations therein, to Revere effective May 3, 2021; and WHEREAS, subject to the below terms and conditions, the County acknowledges and consents to the assignment of the Agreement from Curry to Revere, and the parties wish to amend the terms of the Agreement to acknowledge such assignment, as further set forth below. NOW, THEREFORE, the County and Revere hereby agree as follows: 1. The recitals stated above are true and correct and are fully incorporated herein. 2. The County hereby consents to the assignment of the Agreement from Curry to Revere, subject to the terms and conditions stated herein. 3. Revere hereby agrees to assume all rights, duties, and liabilities of the "Consultant" under the Agreement, and further acknowledges and agrees that it is solely responsible for performing all obligations of the Consultant thereunder, in accordance with the terms thereof, and acknowledges and agrees to be bound by all of the terms and conditions of the Agreement. 4. Revere hereby represents and warrants the following to the County: (a) Revere is an Alabama corporation that is duly organized and existing in good standing under the laws of the State of Alabama with full right and authority to do business within the State of Florida; (b) Revere's performance under the Agreement will not violate or breach any contract or agreement to which Revere is a party or is otherwise bound, and will not violate any governmental statute, ordinance, rule, or regulation; (c) Revere has the full right and authority to enter into this Amendment and the Agreement and to perform its obligations in accordance with the terms thereof; (d) Revere now has and will continue to maintain all licenses and approvals required to conducting its business, including its performance under the Agreement, and it shall at all times conduct its business activities in a reputable manner; DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 (e) Revere has no obligation or indebtedness that would impair its ability to fulfill the terms of the Agreement; (f) Revere has the personnel and experience necessary to perform all Services (as defined in the Agreement) in a professional and workmanlike manner; (g) Revere shall exercise the same degree of care, skill, and diligence in the performance of the Services as provided by a professional of like experience, knowledge and resources, under similar circumstances; (h) Revere shall, at no additional cost to the County, re -perform those Services which fail to satisfy the foregoing standard of care or which otherwise fail to meet the requirements of the Agreement; (i) Each individual executing this Amendment on behalf of Revere is authorized to do so; and (j) Revere has read each and every provision of the Agreement and fully understands the meaning and import thereof and agrees to be bound thereby. The Agreement, as amended by this Amendment #1, continues in full force and effect. THE REMAINDER OF PAGE LEFT INTENTIONALLY BLANK DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1. Attest: STACY M. BUTTERFIELD CLERK OF THE BOARD Deputy Clerk Date Approved by County: l3 Approved as to form and legal s 9 ciency: N County Attorney DAte Attest: By: '0 (� Cor orate Secretary -N4 Z w [Print Name] DATE:Aiwal jSEAL ``\1111I11i/11' ♦� � C ROC GO •�RppR•`S%�'� 1980 5 :� ��9�gaAMP•• r32; POLK COUNTY, a political subdivision of the State of Florida 0 Aq;tio William Beasley, CountA Manager tit a�~� Revere Controls Systems, Inc. an Alabama corporation By: 1 � tom, 0- j `C a( t,/ ' CL [Print Name] /.2 ( "_ [Title] DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114Eo493 ACKNOWLEDGEMENT OF FIRM IF A LIMITED LIABILITY COMPANY STATE OF County OF The foregoing instruments was acknowledged before me by means of ❑ physical presence or []online notarization this (Date) by (Name of officer or agent) as (title of officer or agent) of the Company on behalf of the Company, pursuant to the powers conferred upon him/her by the Company. He/she personally appeared before me at the time of notarization, and ❑ is personally known to me or ❑ has produced as identification and did certify to have knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) _ (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number _ Commission Expiration Date AA ACKNOWLEDGEMENT OF FIRM, IF A CORPORATION STATE OF fil.Q%,&(L County OF ':Tt4:4rsd rt The foregoing instrument was acknowledged before me by means of ['physical presence or ❑online notarization this min-' Q . 1 (Date) by � �PA 'jZ, ACJQ IA6 (Name of officer or agent) as (title of officer or agent) of the Corporation on behalf of the Corporation, iferred upon him/her by the Corporation. He/she personally appeared before me at id Fis personally known to me or ❑ has produced as identification and did certify to have knowledge of the matters stated in rid certified the same to be true in all res ects. Subscri ed and sworn to (or ain,1n.,QM1 (Date) `�i, eo and Notary Seal) .. s,, WA J+ (Name of Notary _' _. Commission Expiration Date Feb. d3 _ ACKNOWLEDGEMENT OF FIRM, IF AN INDIVIDUAL STATE OF County OF The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑online notarization this _ _ __(Date) By (Name of acknowledging) who personally appeared before me at the time of notarization, and ❑ is personally known to me or ❑ has produced as identification and did certify to have knowledge of the matters in the foregoing instrument and certified the same to be true in all respects. Subscribed and sworn to (or affirmed) before me this (Date) (Official Notary Signature and Notary Seal) (Name of Notary typed, printed or stamped) Commission Number Commission Expiration Date DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 REVERE May 3, 2021 Revere Control Systems, Inc. acquired Curry Controls Company on May 3, 2021, Revere will be assuming all of Curry's payables, so please send any future Curry Controls Company invoices to Revere Control Systems, Inc. They can be submitted via email at ..)reverecontrol.com or mailed to the address below. If you offer processing via ACH payment, please contact our Accounting Department via -ing&reverecontrol.com to request our ACH information. If you have questions, please call our accounts payable department at 205-824-0004. Attn: Accounts Payable Revere Control Systems, Inc. 2240 Rocky Ridge Road Birmingham, AL 35216 We look forward to continuing the working relationship with your company. Y�, ) . Nan Johnson, PMP Danny Curry Vice President of Municipal System President Revere Control Systems, Inc. Curry Controls Company Revere Control Systems, Inc. Birmingham, AL Lakeland, FL Charlotte, NC Texarkana, TX Houston, TX www, reverecontrol.com DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 Detail by Entity Name DIVISION OF CORPORATIONS I of a//i+ful ;lfffr fir 2gnadM0nt of SLte / Division of CorWukm / Search_ R®cords / Search by EaWy Name / Detail by Entity Name Foreign Profit Corporation REVERE CONTROL SYSTEMS, INC. Filing Information Document Number F96000006332 FEI/EIN Number 63-0794615 Date Filed 12/05/1996 State AL Status ACTIVE Principal Address 2240 ROCKY RIDGE ROAD BIRMINGHAM, AL 35216 Mailing Address 2240 ROCKY RIDGE ROAD BIRMINGHAM, AL 35216 &gia1my Agent Name & Address t BUSINESS FILINGS INCORPORATED 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 Name Changed: 09/30/2019 Address Changed: 09/3012019 OfficerlDirectpr 00411 Name & Address Title President ADAMS, ROBERT R 2668 Altadena Road Birmingham, AL 35243 Title VP ADAMS, THOMAS M 5643 POCAHONTAS RD. BESSEMER, AL 35244 i Title VP search.sunbiz.orglInquiry/CorporationSearch/SearchResultDeta[Pinquirytype=EntityName&directionType=Initial&searchNameOrder-REVERECONTR... 1 /3 DocuSign Envelope ID: 7AMBF9B-0766-4FDA-B247-D8B5114EO493 Detail by Entity Name BRADDOCK, THOMAS R 932 ALFORD AVENUE BIRMINGHAM, AL 35226 Title VP, Secretary Johnson, Nanette D 959 Tyler Crest Lane Hoover, AL 35226 Title VP York, Thomas C 2715 Brogans Bluff Dive Colorado Springs, CO 80919 Title VP Graves, George Gregory 5216 Valleybrook Circle Birmingham, AL 35244 Title VP Handley, Marc 4695 Sandpiper Lane Birmingham, AL 35244 Title VP Leeper, Jason W 6902 Sugar Crest Drive Texarkana, AR 71864 Title VP Williams, David L 77 County Road 487 Vandiver, AL 35176 Annual Repo Report Year Filed Date. 2019 04/25/2019 2020 05/11 /2020 2021 02/25/2021 Document Imagers 0= 12021 — ANNUAL U-QRT View image in PDF format i 05/1119020 -- ANNUAL REPORT View image in PDF format 09/30/2019 _—ReA._Aaent_Gha[ 'iew image in PDF former search ,sunbiz.org/Inquiry/CorporationSearch/SearchResultDetaiI?inquirytype=EntityName&directionType=Initial&searchNameOrder=REVERECONTR... 213 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 Detail by Entity Name 04/25/2019 — ANNUAL REPORT View image in PDF format 0310&2018 —ANNUAL REPORT View image in PDF format 0 /=017 — ANNUAL -REPORT View image in PDF format 01LQ512016 — ANNUAL REPORT View image in PDF format 01/21/201,--ANNUAL REPORT View image in PDF format 01/21/2014 — ANNUAL REPORT View image in PDF format 02012013 — ANNUAL REPORT View image in PDF format 01ID412012 —ANNUAL REPORT View image in PDF format 02/24r2011 —ANNUAL REPORT View image in PDF format 01 r29/2010 — ANNUAL REPORT View image in PDF format Q,R15/2009 --ANNUAL REPORT View image in PDF format 03/20/2008 — ANNUAL REPORT View image in PDF format 01/04120QZ — ANNUAL REPORT View image in PDF format 01/06/2006 —ANNUAL REPORT View Image in PDF format 01/03/2005 — ANNUAL L EPORT View image in PDF format 03/17/2004 — ANNUAL REPORT View image in PDF format 04/1012003 — ANNUAL REPORT View image in PDF format 0421/2002 — ANNUAL _REPORT View image in PDF format 01/16/2001 —ANNUALREPORT View image in PDF format 03 = — ANNUAL REPOT View Image in PDF format 02/10/1999 —ANNUAL REPORT View image in PDF format 0312311998 — ANNUAL REPORT View image in PDF format 01/18/1997 — ANNUAL Rr=PORT View Image in PDF format 12W11996 — DOOUMENTS PRIOR TO 1997 View image in PDF format J or search.sunbiz.org/InquirylCorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=REVERECONTR... 3/3 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 r , Detail by Entity Name DIVISION OF CORPORATIONS ul/ff-w! Vt N%Y,Ifr Qg u124 ent of State I QMk[on of Cerrx,ra9ons / Search h R� / $earth by EnfiN &M I Detail by Entity Name Florida Profit Corporation CURRY CONTROLS COMPANY Filing Information Document Number FEI/EIN Number Date Filed State Status Last Event Event Date Filed Event Effective Date Principal Address 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Changed: 01/03/2012 Mailing9ddress 4245 S. PIPKIN ROAD LAKELAND, FL 33811 382774 59-1437405 05/25/1971 FL ACTIVE AMENDMENT 12/26/2012 NONE Changed: 01 /08/2018 &9 re ent Name & Addr a>; Curry, Daniel L 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Name Changed: 01/12/2021 Address Changed: 01/22/2013 Off !f4j/Director Detail Name & Address Title President Curry, Daniel L 4245 S. PIPKIN ROAD LAKELAND, FL 33811 search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntltyName&directionType=Initial&searchNameOrder=CURRYCONTR... 1/3 DowSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114EO493 • Detail by Entity Name Title VP Cyphert, Scott W 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Title Executive Secretary CURRY, Alexandra B 4245 S. PIPKIN ROAD LAKELAND, FL 33811 Annual Reports Report Year Filed Date 2019 02/06/2019 2020 01/15/2020 2021 01/12/2021 DogmentImages 21 —ANN tAL R pnDT View image in PDF format i — — - Q�/1 _5/2n2n AAIRII In: or R T — — --..1 View image in PDF format --- View image in PDF format 01/08/2018 9NNUAL RI;PORF --------�-�-- View image in PDF format - View image in PDF format W g/2016 - A�ENnGn nn;wu �� 02/16n016 K--- - -- - View image in PDF format - Nw ter Rconor Q1/i3/20i View Image In PDF format — NNt+Ar REpr^�� View image in PDF format 41/07/2014 -ANNUAL REPORT View image in PDF format Q =013 —ANNI & .?-Q ff View image in PDF format 1?12ii/2012 Amertdm= View Image in PDF format QV0312012—ANNUeI REPORT — — — View image in PDF format QWMU— L RE T View image in PDF format I Q1104201Q — ANNI tGl RE ran Dr View i mega in PDF format Q-7H4 REpngT � View image in PDF format Q1/1� — ANNUAL —RE —EMT 01l/2nn7 View image in PDF format -ANN tAt REpngT View image in PDF format Q1 — ANN! raF REPORT View image in PDF format QIL24/2005—ANNUn+_� REpoRr View image in PDF format 01/27/2004 — ANN A R PORT ——�---- 01/1 FMQ03 View image in PDF format —ANN +A R PORT 01/21/2002 View image in PDF format — ANNf tAl RFDfk.- Ol/11/2001 -- View image in PDF format -ANN�tar Rl=pncr View image in PDF format 01/1000 View image in PDF format _ gNNOA R PORT View i Pigm In nee DF format 0�r1'�9 -ANN +A gcpngT View image in PDF format S?297/1Q98 ANN[+AI REpngT 09/1MMZ View image in PDF format — AM rAI Fj!n r View image in PDF format 08/12/1vas_en:nu:e- nhi7 View image in PDF formR' 213 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 Detail by Entity Name __.._._._ ......_._.._. _... .. _........ . search.sunbiz.org/Inquiry/GorporationSearch/SearchResultDetai I?inquirytype=EntityName&directionType=ln itial&searchNameOrder—CURRYCONTR... 3/3 DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493 CONTRACT APPROVAL FORM TO: SUSAN DAUDERIS, INTERIM CITY MANAGER THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR E:F� FROM: JINELLE LUGO, PROCUREMENT COORDINATOR L�� SUBJECT: UTILITIES SCADA CONSTRUCTION SERVICES DATE: AUGUST 26, 2021 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Revere Control Systems to provide utilities SCADA construction services. The agreement shall take effect on the date of execution by both parties and shall remain in effect for five (5) years, unless renewed or terminated as provided by the Polk County contractual agreement. Upon mutual agreement, the agreement may be renewed for additional terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the Procurement Services Department sought a contract with Polk County for SCADA Services, contract number 2021-019. The estimated annual cost is $20,000. The Procurement Services Department issued RFI 2107-002 to notify local vendors of the City's intent to utilize other governmental entities' contract. At the completion of the RFI the Procurement Services Department received no interest. The Polk County contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The estimated fiscal impact of $20,000 will be determined on a project by project basis and funded by the respective department. 5. EXHIBITS: Polk County Bid Tabulation Utilities SCADA Construction Services Agreement Contract 21-19 Amendment 1 APPROVAL AUTHORITY Approved 2 Disapproved ❑ Reason/Suggestion (If disapproved) Es DocuSigned by:IASAIA, C �a �u,viS 8/30/2021 003725014Fe94A9... 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