Amendment NO.1 Contract with AGC Electric, INC. C aF
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AMENDMENT NO. 1 TO THE CONTRACT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
AGC ELECTRIC, INC.
This Amendment No. 1 (A endment) to the Contract, dated August 1, 2019, is entered
into this 3 Oday of _ X41 r , 2019 (Effective Date), by and between the City of
Miami Beach, Florida, a municipal corporation organized and existing under the laws of
the State of Florida, having its principal place of business at 1700 Convention Center
Drive, Miami Beach, Florida 33139 (City), and AGC Electric, Inc., a Florida company,
having its principal place of business at 2660 W 79th Street, Hialeah, FL. 33016
(Contractor), and hereby amends the Contract as follows:
RECITALS
WHEREAS, on June 06, 2018, the Mayor and City Commission approved the award
of Invitation to Bid ("ITB") No. 2018-077-WG for Traffic Signal Improvements and Repairs;
and
WHEREAS, on June 20, 2018, the City and Contractor executed the Contract with
respect to the ITB (the Contract), which services include modifications and improvements
to median openings, intersections, signing and pavement markings, and traffic signals;
and
WHEREAS, since the award of the ITB, the Miami Dade County has added additional
items to standards for traffic signalization equipment that were not contemplated during
the ITB process; and
WHEREAS, the Transportation Department requires these items for various projects
Citywide; and
WHEREAS, the Procurement Department requested pricing from the Contractor for
these items; and
WHEREAS, the Transportation Department determined that the prices offered by the
Contractor are fair, reasonable and consisted with the Florida Department of
Transportation; and
WHEREAS, staff has determined that it is in the best interest of the City to add these
items to the Contract with AGC Electric, Inc.; and
WHEREAS, on July 31, 2019, the Mayor and City Commission adopted Resolution
No. 2019-30894 authorizing the City Manager to negotiate and award contracts during the
Commission's recess period until the next schedule meeting on September 11, 2019,
subject to ratification; and
WHEREAS, due to the time sensitive nature of the Transportation Department's
project, it is in the City's best interest to approve and amend the existing Contract.
NOW THEREFORE, in consideration of the mutual promises and conditions contained
herein, and other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the City and Contractor hereby agree to amend the Contract as follows:
1. ABOVE RECITALS.
The above recitals are true and correct and are incorporated as part of this
Amendment.
2. MODIFICATIONS.
The Contract is hereby modified (deleted items struck through and inserted items
underlined) to include unit pricing for the additional items set forth in Exhibit "A-1"
attached hereto and incorporated by reference herein.
3. RATIFICATION.
Except as amended herein, all other terms and conditions of the Contract shall
remain unchanged and in full force and effect. In the event there is a conflict
between the provisions of this Amendment and the Contract, the provisions of this
Amendment shall govern.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by their appropriate officials, as of the date first entered above.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
FOR CITY: CITYgOF MIAMVi BEACH, FLORIDA
ATTEST: i
\-- i i k - ---,
By: p` 1
Rafael E. Granado, City Clerk Jimmy L. Mdrales, City Manager
/(I: 3c9 Zit ei tt
Date A
FOR CONSULTANT: A., 6_---g.g.1M8,„',,,, AGC ELECTRIC, INC.
'•.INCORP ORATED; s
ATTEST: ",-r4... .._1
Ille,/diatille'
By: moi' _____,J
Secretary Presi• -nt
ES4 - n2c eh it/.;� To ►�.-c q. 1 ' 10
Print.Name Print Name
- z5— l9
Date
F:ATTO/TORG 1GISELAIFORMS\AMENDMENTS\AMENDMENTTEMPLATE
APPROVED AS TO i
FORM &LANGUAGE
&FOR EXECUTION
City Attorney re..,6 p Date
SUPPORT DOCUMENTS :
1) APPENDIX E COST PROPOSAL
2) CITY MANAGER APPROVAL
3) VENDOR DOCUMENTS
4) CONTRACT
5) SUNBIZ
EXHIBIT A-1
COST PROPOSAL FORM FOR ADDITIONAL ITEMS
Failure to submit Appendix E, Cost Proposal Form, in its entirety and fully executed by the deadline established
for the receipt of pro•osals will result in proposal bein• deemed non-responsive and bein• reected.
Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in
full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other
requirements stated herein, and that no claim will be made on account of any increase in wage scales,
material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision
is allowed herein and has been exercised by the City Manager in advance. The Cost Proposal Form
(Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms (Appendix E)
completed in pencil shall be deemed non-responsive. All corrections on the Cost Proposal Form
(Appendix E) shall be initialed.
Note:
ED= Each Day
AS= Assembly
LF= Linear Feet
P1= Per Intersection
SY= Square Yards
AC =Acre
GM = Gross Mile
SF = Square Foot
TN =Ton
LS = Lump Sum
HR= Men hours
Group I Push Button Services
Traffic Signal Improvements and Repairs - Contractor shall provide pricing below inclusive of all labor,
material, equipment. supervision, mobilization and demobilization costs, maintenance of traffic, if necessary,
and transportation necessary on an as-needed basis for the City of Miami Beach in accordance with the bid
specifications.
ITEM NUMBER DESCRIPTION UNIT AGC ELECTRIC INC.
TOMAS CURBELO
305 823-2280
AGC@AGCELECTRIC.COM
0624-1-20 IN ROADWAY LIGHT ASSEMBLY F&I SOLAR AS $ 46,200.00
POWERED
0649-26-3 STEEL MAST ARM ASSEMBLY, REMOVE EA $ 3,370.00
0711 11421 THERMOPLASTIC, STD, BLUE, SOLID,6" LF $ 3.00
0711 14123 THERMOPLASTIC, PREFORM, WHITE, LF $ 19.00
SOLID,12"
0711 14125 THERMOPLASTIC, PREFORM, WHITE, LF $ 30.00
SOLID,24"
1
ITB 2018-077-WG
ITEM NUMBER DESCRIPTION UNIT AGC ELECTRIC INC.
102-1 MAINTANCE OF TRAFFIC DA $ 870.00
1050-16-004 UTILITY PIPE REMOVE AND DISPOSE LF $ 48.00
647-11-30A STEEL MAST ARM ASSEMBLY F & I SINGLE EA $ 29,400.00
ARM 30' (DS-11)
647-11-46A STEEL MAST ARM ASSEMBLY F & I SINGLE EA $ 32,800.00
ARM 45' (DS-19)
649-21-1 STEEL MAST ARM SINGLE ARM 30' F & I EA $ 37,055.00
649-21-10 STEEL MAST ARM SINGLE ARM 60' F & I EA $ 49,705.00
649-21-11 STEEL MAST ARM DOUBLE ARM 60'- 30' F& I EA $ 44,195.00
649-21-3 STEEL MAST ARM SINGLE ARM 40' F& I EA $ 39,130.00
649-21-4 STEEL MAST ARM DOUBLE ARM 40' -30' F& I EA $ 53,250.00
649-21-5 STEEL MAST ARM DOUBLE ARM 40-40' F& I EA $ 53,905.00
649-21-6 STEEL MAST ARM SINGLE ARM 50' F& I EA $ 43,155.00
649-21-7 STEEL MAST ARM DOUBLE ARM 50'-30' F& I EA $ 55,840.00
649-21-8 STEEL MAST ARM DOUBLE ARM 50'-40' F& I EA $ 56,336.00
649-21-9 STEEL MAST ARM DOUBLE ARM 50'- 50' F& I EA $ 59,220.00
654-1-10 IN ROADWAY LIGHT ASSEMBLY F&I AC AS $ 42,137.00
POWERED
654-2-11 RECTANGULAR RAPID FLASHING BEACON F&I AS $ 8,520.00
AC POWERED
COMPLETE SIGN ASSEMBLY-ONE DIRECTION
654-2-12 RECTANGULAR RAPID FLASHING BEACON F&I AS $ 9,000.00
AC POWERED
COMPLETE SIGN ASSEMBLY-BACK TO BACK
654-2-21 RRFB FURNISH AND INSTALLED SOLAR AS $ 8,820.00
POWER-SINGLE DIRECTION
654-2-22 RRFB FURNISH AND INSTALLED SOLAR EA $ 9,300.00
POWER-BACK TO BACK
660-21-06M LOOP ASSEMBLY TYPE F MODIFIED (BICYCLE) EA $ 1,360.00
665-005-005 MID BLOCK PEDESTRIAN DETECTOR EA $ 1,161.00
665-006-001 THERMAL PASSIVE PEDESTRIAN DETECTOR EA $ 9,750.00
700-019-002 ELECTRONIC SPEED FEEDBACK SIGNAGE- EA $ 10,850.00
SCHOOL ZONE
700-5-21 INTERNAL ILLUM SIGN, F&I OM, UP TO 12 SF EA $ 2,980.00
2
ITB 2018-077-WG
MI AMI B EAC H REQUEST FOR CITY MANAGER APPROVAL
PROCUREMENT DEPARTMENT 2019-221-LB
Requested Action
Waiver Award of ITQ
Contract Execution Request for Contract Term Renewal
Change Order Approval XXX Other: City Manager Approval
Request approval to amend contract ITB No.2018-077-WG for Traffic Signal Improvements.
Why is requested action necessary?
On June 20, 2018, the City entered into an Agreement with A.U.M. Construction, Inc. ("AUM") and AGC Electric Inc. ("AGC")
pursuant to ITB 2018-077-WG for Traffic Signal Improvements and Repairs.The Agreements established fixed unit pricing for
a wide range of items and activities that may be required for future traffic signal improvement projects and repairs.
However,since the award of the ITB,the Miami Dade County has added additional items to the standards for traffic signalization
equipment that were not contemplated during the ITB process. These items may be required for future projects. In order to
utilize this contract and continue to meet the standards stipulated by Miami-Dade County, the Procurement Department
requested pricing for the additional items identified by the Transportation Department from AUM and AGC.The Transportation
Department determined that the prices offered by the Contractors are fair and reasonable.
Therefore, based on the justification stated herein, and pursuant to Resolution 2019-30894 of this items seeks the approval of
the City Manager to amend contract 2018-077-WG for Traffic Signal Improvements and Repairs.
Previous Action(s)
N/A
Authority
Pursuant to Resolution 2019-30894 of the Mayor and City Commission of the City of Miami Beach Florida,authorizing the City
Manager,or his designee,to select,negotiate, award and reject all bids,contracts,agreements and grant applications;renew
existing contracts that may expire,and terminate existing contracts,as needed,from the last Commission meeting on.July 31,
2019, until the first regularly scheduled,meeting on September 11,2019.
Fiscal Impact
N/A
Term
N/A
Attachments
Amendment 1 to 2018-077-WG for A.U.M.
Amendment 1 to 20 8-077-WG for A.G.C.
Approval
De. H•ad: Pr... -ment: ACM(s): Cit
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Cat.No.10231X Form W-9(Rev.12-2014)
MIAMIBEACH
CITY OF MIAMI BEACH
CERTIFICATION OF CONTRACT
TITLE: For Traffic Signal Improvements and Repairs
CONTRACT NO.: ITB 2018-077-WG
EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from
date of execution by the Mayor and City Clerk of the City of Miami
Beach, and may be extended at the sole discretion of the City,
through its City Manager, for two (2) additional (1) year terms.
SUPERSEDES: NA
CONTRACTOR(S): AGC Electric Inc.
ESTIMATED ANNUAL CONTRACT AMOUNT: N/A
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida ("City"), on June 6th, 2018, approving the award of this
Contract, and upon execution thereof by the City and AGC Electric Inc., a Florida
corporation (the "Contractor").
B. EFFECT - This Contract is entered into to provide for Traffic Signal and Improvements
and Repairs pursuant to City Invitation to Bid No. ITB 2018-077-WG and any addenda
thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and
Contractor's bid in response thereto may hereinafter collectively be referred to as the
"Contract Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Department of Procurement Management
policies and procedures, at the prices indicated, exclusive of all Federal, State and local
taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number
2018-077-WG.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to City of Miami Beach, Josiel Ferrer, Transportation
Manager/Transportation Department at 305-673-7000 ext. 6831.
E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and/or commencement of any services/work by Contractor.
F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
ITB-2018-077-WG Page 1
Page 2
Certification of Contract
any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES — Contractor acknowledges that the provisions of the Public
Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which
statute provides, in pertinent part, that a person or affiliate who is a contractor,
consultant or other provider, who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not submit bids on leases
of real property to the City, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with the City, and may not
transact any business with the City in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for category two purchases for a period of 36 months ,
from the date of being placed on the convicted vendor list. Violation of this section by
Contractor shall result in cancellation of the Contract and may result in Contractor
debarment.
INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents. The parties expressly acknowledge
that it is not their intent to create any rights or obligations in any third person or entity
under this Contract and/or the Contract Documents.
ITB-2018-077-WG Page 2
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Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Josiel Ferrer
City of Miami Beach
Department of Transportation
1688 Meridian Avenue, Suite 801
Miami Beach, Florida 33139
Phone:305-673-7000 ext. 6831
Email: Josielferrer(amiamibeachfl.gov
With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
AGC Electric Inc.
2660 W 79 Street
Hialeah, FL. 33016
Attn: Tomas V. Curbelo
Phone: 305-823-2280
E-mail: agc(a�agcelectric.com
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
ITB-2018-077-WG Page 3
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Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (iii) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail.
R. Contractor shall have no entitlement to perform any services hereunder, or to be
compensated for any services, unless set forth in a written Purchase Order.
S. ADDITIONAL ITEMS / SERVICES. Although this solicitation and resultant contract
identifies specific goods, services or facilities ("items"), it is hereby agreed and
understood that the City may require additional items to be added to the Contract which
are ancillary or supplemental to the items specified herein and required to complete the
work. When additional items are required to be added to the Contract, awarded
vendor(s), as applicable to the item being requested, under this contract may be invited
to submit price quote(s) for the additional items. If these quote(s) are determined to be
fair and reasonable, then the additional items will be awarded to the current contract
vendor(s) through either a Purchase Order (or Change Order if Purchase Order already
exists) or an amendment to the Contract. Additional items with a cumulative value of
$50,000 or less may be approved by the City Manager. City Commission approval is
required for additional items with a cumulative value greater than $50,000.
ITB-2018-077-WG Page 4
Page 5
Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this Certification of
Contract to be signed and attested on this 2 C day of ,-3n , 20 \ , by their
respective duly authorized representatives.
AGC ELECTRIC INC. CITY OF MIAMI BEACH
By 444
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President/ Signature Mayor
eivvt� Cv rL� D
Print Name
ATTEST: ATTEST:
`
S�ry/Signature Rafael E. G nado, City Clerk
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ITB-2018-077-WG Page 5
Detail by Entity Name Page 1 of 3
Flonda Department of State DIVISION OF CORPORATIONS
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Department of State / Division of Corporations / Search Records / Detail By Document Number/
Detail by Entity Name
Florida Profit Corporation
AGC ELECTRIC, INC.
Filing Information
Document Number P97000072705
FEI/EIN Number 65-0806153
Date Filed 08/21/1997
State FL
Status ACTIVE
Last Event CANCEL ADM DISS/REV
Event Date Filed 10/19/2004
Event Effective Date NONE
Principal Address
2660 W 79 STREET
HIALEAH, FL 33016
Changed: 01/17/2001
Mailing Address
2660 W 79 STREET
HIALEAH, FL 33016
Changed: 01/17/2001
Registered Agent Name&Address
CURBELO, TOMAS V
801 SW 172 TERRA
PEMBROKE PINES, FL 33029
Name Changed: 01/14/2002
Address Changed: 01/14/2002
Officer/Director Detail
Name&Address
Title PD
CURBELO, TOMAS V
801 SW 172TH TERRACE
PEMBROKE PINES, FL 33016
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/20/2019
Detail by Entity Name Page 2 of 3
Title VP
GUZMAN, ENRIQUE I
14780 SW 98TH AVE.
MIAMI, FL 33176
Title SD
DE LA SIERRA, PIERRETTE
2635 W. 81 STREET
HIALEAH, FL 33016
Annual Reports
Report Year Filed Date
2017 01/10/2017
2018 01/10/2018
2019 01/15/2019
Document Images
01/15/2019--ANNUAL REPORT View image in PDF format
01/10/2018--ANNUAL REPORT View image in PDF format
01/10/2017--ANNUAL REPORT View image in PDF format
01/18/2016--ANNUAL REPORT View image in PDF format
01/10/2015--ANNUAL REPORT View image in PDF format
01/20/2014—ANNUAL REPORT View image in PDF format
02/19/2013--ANNUAL REPORT View image in PDF format
01/05/2012--ANNUAL REPORT View image in PDF format
01/05/2011--ANNUAL REPORT View image in PDF format
01/08/2010—ANNUAL REPORT View image in PDF format
03/24/2009--ANNUAL REPORT View image in PDF format
01/06/2008--ANNUAL REPORT View image in PDF format
01/05/2007—ANNUAL REPORT View image in PDF format
01/04/2006—ANNUAL REPORT View image in PDF format
01/13/2005—ANNUAL REPORT View image in PDF format
10/19/2004—REINSTATEMENT View image in PDF format
01/15/2003--ANNUAL REPORT View image in PDF format
10/15/2002—Off/Dir Resignation View image in PDF format
01/14/2002—ANNUAL REPORT View image in PDF format
01/17/2001—ANNUAL REPORT View image in PDF format
03/13/2000—ANNUAL REPORT View image in PDF format
05/06/1999—ANNUAL REPORT View image in PDF format
03/20/1998—ANNUAL REPORT View image in PDF format
03/12/1998—ANNUAL REPORT View image in PDF format
08/21/1997—Domestic Profit Articles View image in PDF format
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 8/20/2019