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Contract 2021-058ADocuSign 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.
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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.
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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:
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(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.
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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.
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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.
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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: �
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Susan Dauderis, Interim City Manager
ATTEST:
Docu3igned by:
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Tracy Ackroyd Howe, City Clerk
7
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DocuSign Envelope ID: 7A2DBF9B-0766-4FDA-B247-D8B5114E0493
REVERE CONTROLS SYSTEMS, INC
Signed by:
By: 1ZL
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(Signature)
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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)
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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(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
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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✓
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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
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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
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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
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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
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0310&2018 —ANNUAL REPORT View image in PDF format
0 /=017 — ANNUAL -REPORT View image in PDF format
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01/21/201,--ANNUAL REPORT View image in PDF format
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02/24r2011 —ANNUAL REPORT View image in PDF format
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03/20/2008 — ANNUAL REPORT View image in PDF format
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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
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r , Detail by Entity Name
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ul/ff-w! Vt N%Y,Ifr
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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
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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... Interim City Manager
Signature Title Date
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