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Item C17County of Monroe A BOARD OF COUNTY COMMISSIONERS Mayor George Neugent, District 2 The Florida. Key y w) Mayor Pro Tem David Rice, District 4 �r Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: C.17 Agenda Item Summary #2837 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429 None AGENDA ITEM WORDING: Approval of a two (2) year Contract with Hy -Tech Solutions, Inc. For Fire and Panic Alarm Inspections, Maintenance, and Monitoring for Monroe County Buildings. Fees for inspections, maintenance, and monitoring are paid for out of facilities maintenance. Contract amount will be for $110,000.00 annually for monthly monitoring, annual inspections, and regular maintenance. ITEM BACKGROUND: On February 21, 2017, Monroe County staff opened sealed bids for the Fire and Panic Alarm inspections, maintenance and monthly monitoring Request for Proposals. The three (3) lowest bidders were non - responsive as they had not included in their bid package the financial information or answers to questions required in the County's request for proposals and or completed the bid form correctly. Hy -Tech was the next conforming responsive bidder. PREVIOUS RELEVANT BOCC ACTION: Monroe County BOCC approved a contract for Annual Panic and Fire Alarm Maintenance, Monitoring, and Inspection with Barnes Alarms Systems, Inc. on August 20, 2008. CONTRACT /AGREEMENT CHANGES: None STAFF RECOMMENDATION: Staff recommends approval as stated above. DOCUMENTATION: Monroe County Maintenance and Monitoring Contract Hy Tech solutions 3 -27 -17 RFP- Scoring Value (2 pgs) FINANCIAL IMPACT: Effective Date: May 12017 Expiration Date: April 30 2019 Total Dollar Value of Contract: $220,000.00 for two years Total Cost to County: $220,000.00 Current Year Portion: $110,000.00 Budgeted: yes Source of Funds: 001 - 20501 - 530340, 147 - 20503 - 530340, 101 - 20505 - 530340 CPI: yes Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: none Revenue Producing: NO Grant: NO County Match: NO Insurance Required: Yes Additional Details: If yes, amount: Yes. 04/12/17 001 -20501 - FACILITIES MAINTENANCE $92,000.00 04/12/17 101 -20505 -CORRECTION FACILITIES $14,000.00 04/12/17 147 -20503 - UNINC PARKS & BEACHES $4,000.00 Total: $110,000.00 REVIEWED BY: Ann Mytnik Completed 03/28/2017 4:18 PM Doug Sposito Completed 03/28/2017 4:19 PM Patricia Eables Completed 03/28/2017 4:54 PM Budget and Finance Completed 03/28/2017 4:56 PM Maria Slavik Completed 03/28/2017 4:57 PM Kathy Peters Completed 03/28/2017 8:24 PM Board of County Commissioners Pending 04/12/2017 9:00 AM AGREEMENT FOR FIRE AND PANIC ALARM ANNUAL CERTIFICATION, MAINTENANCE, AND MONITORING MONROE COUNTY, FLORIDA This Agreement is made and entered into this day of , 2017, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and HY -TECH SOLUTIONS INC., A Corporation, ( " CONTRACTOR "), whose address is 5730 Second Avenue, Key West FL 33040. WHEREAS, COUNTY desires to have Maintenance, Monitoring, and Certtification for Fire and Panic Alarms at Monroe County facilities, and WHEREAS, CONTRACTOR desires and is able to provide complete Fire and Panic Alarm Maintenance, Monitoring, and Certification to Monroe County facilities; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide complete Fire and Panic Alarm Monitoring, Maintenance, and Certification to Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the RFP documents, exhibits, and any addenda only 2. SCOPE OF THE WORK: Contractor shall provide all labor, supervision, engineering, materials, supplies, equipment, tools, transportation, surveying, layout, and protection for the proper execution and completion of all the work in accordance with the Contract Documents. Inspection A visual inspection of every device in the "List of Equipment" will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Testing Every device and control function shown in the "List of Equipment" will be physically activated to ensure its functionality as designed and installed. Testing takes into consideration the AHJ (Authority Having Jurisdiction) requirements, local ambient conditions and the manufacturer's recommendations. Contractor will follow NFPA 72 recommended test methods and frequencies as a minimum guideline for system testing. System configuration is verified during quarterly inspections and compared to existing records. Complete documentation of testing and a report of any deficiencies will be presented for review before the technician leaves the facility. Audible AGREEMENT 1 -1 January 201 Packet ',Pg. 683 testing will be conducted during off or non - operational hours and the schedule will be pre - approved by the County. Smoke Detector Sensitivity Smoke Detector Sensitivity Testing will be performed in accordance with NFPA 72 using the manufacturer's recommended test methods and a UL(Underwriters Laboratories) approved testing device. Contractor will provide the necessary documentation to satisfy the AHJ. 2 Contractor will provide an analysis of the report along with recommendations for detectors that require cleaning or replacement. r� The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. SPECIFICATIONS The Contractor shall respond within two (2) hours of notification of service, twenty -four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty -four (24) hour service. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental), plus percentage indicated in the proposal form that are used in repair of county owned and maintained fire and alarm systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI -U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI -U computation at December 31 of the previous year. A. FIRE ALARM SYSTEM ANNUAL CERTIFICATION 1. The Contractor shall furnish fire alarm system annual certification and maintenance, (including Calibrated and /or Standard Smoke Detector Sensitivity Testing as required by the National Fire Protection Association); including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Fire alarm annual certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Public c Works Facilities Maintenance, Contract Monitor, 1100 Simonton Street, Key West, within thirty (30) days prior to expiration of respective existing certifications. AGREEMENT 1 -2 January 20 Packet ',Pg. 684 4. All identified deficiencies which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. NOTE: When performing annual inspections for some Monroe County facilities, primarily the Courthouses, it may be necessary to schedule inspections before or after normal hours on an overtime basis. B FIRE ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same for the following: a. Key West Courthouse, 500 Whitehead Street, Key West b. J. Lancelot Lester Building, including Records Storage Facility, 530 Whitehead Street, Key West C. May Hill Russell Library (Key West Library), 700 Fleming Street, Key West d. Bayshore Manor, 5200 College Road, Stock Island, Key West e. Harvey Government Center, 1200 Truman Avenue, Key West f. Gato Building, 1100 Simonton Street, Key West g. Gato Building Elevator, 1100 Simonton Street, Key West h. Key Largo Library, Tradewinds Plaza, 101485 Overseas Hwy., Key Largo i. Freeman Justice Center, 302 Fleming Street, Key West j. Medical Examiner, 56639 Overseas Hwy., Marathon FL k. Roth Building, 50 Highpoint Rd., Plantation Key 1. Murray E. Nelson Government and Cultural Center (MENGCC), 102050 Overseas Hwy., Key Largo m. Conch Fire Station, 3 N Conch Ave., Conch Key n. Sugarloaf Volunteer Fire Station, 17175 Overseas Hwy., Sugarloaf Key o. Stock Island Fire Station, 5655 MacDonald Ave., Stock Island 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. "Op FIRE ALARM REPAIR AND MAINTENANCE 1. System Software Updates - Microprocessor based systems will have the { AGREEMENT 1 -3 January 20 Packet ',Pg. 685 software upgraded when required to maintain the listing requirements of the AHJ. 1 Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection or preventative maintenance, or have failed during operation, will be provided. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are used in order to preserve Underwriters Laboratories (U.L.) Listings and meet NFPA requirements. 3. The Contractor shall be available twenty -four (24) hours per day, three hundred sixty -five (365) days per year. The Contractor shall be at the site of an alarm system malfunction within two (2) hours of verbal notification by the Owner. The Contractor shall provide an after hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. 4. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained alarm systems so that such emergency repair will be completed within forty -eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental), plus percentage indicated in the bid form that are used in the repair of all County maintained alarm systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. 5. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. MONITORING AND DISPATCH (Contractor to verify) { AGREEMENT 1 -4 January 20 Packet,Pg. 686 FIRE ALARM SYS A ND LOCA CONTR BUILDING LOCATION OL MODEL # PANEL 500 Whitehead Key West Courthouse St., Key West Simplex 4100 Judicial Workout Room 502 Whitehead Notifier SFP -2402 (formerly Juvenile Detention) St., Key West 500 Whitehead Sheriff Civil Division St., Ke West Faraday Firewatch II J. Lancelot Lester Building & 530 Whitehead Records Storage St., Key West Notifier AFP -200 Notified Freeman Justice Center 302 Fleming AFP -200 AFP -200 Street, Key West 5200 College Bayshore Manor Road, Stock Notifier SFP -10UD Island 700 Fleming St., May Hill Russell Library Ke West Notifier SFP -400B 1100 Simonton Gato Building Street, Key West Simplex 4010 1100 Simonton Gato Elevator Street, Key West 1200 Truman Harvey Government Center Avenue, Key Notifier NFS -320 West 231 Key Deer Big Pine Key Library Blvd., Big Pine Notifier SFP -2404 Key 29001 Atlantic, Big Pine Key Park Big Pine Key EST Quickstart 3 a , , a AGREEMENT 1 -5 January 20 Packet ',Pg. 687 FIRE ALARM SYSTEMS AND LOCATIONS BUILDING LOCATION CONTROLPANEL MODEL# 2798 Overseas Marathon Government Highway, Faraday MPC -2000 Center Marathon Marathon Government 490 63 Street, FireLite MS -10UD Annex Marathon 3981 Ocean Marathon Detention Terrace, FireLite Miniscan Facility Ma 4024 Marathon Sheriff's Hangar Marathon Airport Notifier NFS 320 3117 Overseas Marathon Courthouse Highway, Notifier NFW2 -100 Marathon 3251 Overseas George Dolezal Library Highway, FireLite MS 10UD Marathon 3333 Overseas Ruth Ivins Center, Highway, Notifier SFP -5UD Marathon Health Dept. Marathon 56639 Overseas Medical Examiner Highway, Crawl Simplex 4010 Key 88800 Overseas Ellis Building Highway, FireLite MP -24 Plantation Key Plantation Key Highpoint Road, Courthouse Plantation Ke FireLite MP -24 53 Highpoint Plantation Key Detention Road, Plantation FireLite MS -9200 Facility Ke MM 81.5, Islamorada Library Islamorada Fire Lite MS -4424B .1 a a a a a AGREEMENT 1 -6 January 20 Packet ',Pg. 688 - FIRE ALARM SYSTEMS AND LOCATIONS BUILDING LOCATION CONTROL PAf MODEL# 102050 ME Nelson Overseas Government and Siemens FS -250 Highway, Key Cultural Center Largo 50 Highpoint Roth Building Road, Edwards EST -2 Tavernier 28 Emerald SFP- MC Fire Station # 9 Drive, Big Notifier 5UD Co Pitt 390 Key Deer Quickst MC Fire Station # 13 Blvd., Big Pine EST Key art 151 Marine MC Fire Station # 22 Drive, Notifier NFW2- Tavernier 100 101485 Overseas Highway, Key Largo Library FireLite MS -5UD Tradewinds Shopping Plaza 10 S. Conch Conch Key Fire NFW2- Ave, Notifier Station # 17 100 Ke Conch 5555 Stock Island Fire MacDonald Station # 8 Ave., Edwards VS -1 Stock Island a a, a a AGREEMENT 1 -7 January 20 Packet ',Pg. 689 C) I I I I r r D E -c 7 O O C c N C) O U C C " U ('7 X L >1 Cn CO f- I N w I I N N D L U) O co Q) T +J O Cq ++ 7 O N N CO N fr C r LO C) O -C Q C O of O 0) U) LL U (n m 00 t� 4# ^� C T E U) C N O E MM W C � O O. 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Y z I P - l L i m N N O O 7 N a y wJ 15 c CL pq 0 U W r cn a.Y0U N cacr [OYJJ co L •E 00 mu V w ^�`` W ca O W > J C O — E *' ca 0 Q) O Q) W O Ulf V) 01 LL H cd O U O C l0 D = i Q) r 0) Q C -0 E O z C � () N r T- 0 0 a r 0 1 O U N 00 E a) N U) C O r I c I r r I N I ICI N I MLOM � M W-OM N I S I (o I r I r I C I'D I M I r U N U L O co O N N ccz O H z W w ° w x CO Co r N CO CO Lo N 0) CO c� C: 0 c� 0) C (� a U ) LL C/) LL O N N O C C) c a)� O E�� 0)� Y L LL c> Ym Y z I P - l L i m N N cz J O 7 N -� a O 0) r d r U a) W a.Y0U N cacr [OYJJ CO UYU 00 mu 2 U N U L O co O N N ccz O H z W w ° w x FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING D. PANIC ALARM SYSTEM CERTIFICATION (Contractor to verify) 1. The Contractor shall furnish panic alarm system annual certification and maintenance, (as required by the National Fire Protection Association); including all necessary labor, equipment, permits, licenses, insurances, travel costs. and all other costs associated. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Alarm Certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Public Works Facilities Maintenance Department, 1100 Simonton Street, Key West, within thirty (30) days prior to expiration of respective existing certifications. 4. All identified deficiencies, which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. E. PANIC ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same for the following: a. Key West Courthouse, 500 Whitehead Street, Key West b. Judicial Workout Room (formerly Juvenile Detention), 502 Whitehead Street, Key West C. J. Lancelot Lester Building, including Records Storage Facility, 530 Whitehead Street, Key West d. Courthouse Annex Panic Hardware System, 502 Whitehead Street, Key West e. Freeman Justice Center, 302 Fleming Street, Key West f. Gato Building, 1100 Simonton Street, Key West g. Medical Examiner's Building, 56639 Overseas Highway, Crawl Key h. Supervisor of Elections, Ellis Building, 88800 Overseas Highway, Tavernier i. PK Spottswood Station, 88770 Overseas Highway, Tavernier j. PK Spottswood Building, 88770 Overseas Highway, Tavernier k. Traffic, Ellis Building, 88800 Overseas Highway, Tavernier 1. Social Services, Ellis Building, 88800 Overseas Highway, Tavernier { AGREEMENT 1 -11 January 20 Packet ',Pg. 693 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING M. Planning, Ellis Building, 88800 Overseas Highway, Tavernier n. Murray E. Nelson Building(MENGCC), 102050 Overseas Highway, Key Largo 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. F. PANIC ALARM REPAIR AND MAINTENANCE Repair and maintenance for alarm systems listed in SPECIFICATIONS, E.I. The Contractor shall be available twenty -four (24) hours per day, three hundred sixty -five (365) days per year. The Contractor shall be at the site of an alarm system malfunction within two (2) hours of verbal notification by the Owner. Inspection A visual inspection of every device in the "List of Equipment" will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Testing Every device and control function shown in the "List of Equipment" will be physically activated to ensure its functionality as designed and installed. Testing takes into consideration the AHJ (Authority Having Jurisdiction) requirements, local ambient conditions, and the manufacturer's recommendations. Maintenance The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained alarm systems so that such emergency repair will be completed within forty -eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental, which are reimbursed as charged with no markup), plus percentage indicated in the bid form that are used in the repair of all County maintained alarm systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. { AGREEMENT 1 -12 January 20 Packet ',Pg. 694 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING LISTS OF COUNTY PANIC ALARMS AND THEIR LO HOLD UP BUILDING LOCATION MANUFACTURER MODEL # SWITCHES 502 Whitehead St., Key KW Courthouse Annex West CADDX NX8 -E 17 Judicial Workout Room 502 Whitehead St., Key Part of KW CH Annex (formerly Juvenile Detention) West system 0 J. Lancelot Lester Building, 530 Whitehead St., Key Part of KW CH Annex & Records Storage West system 0 J. Lancelot Lester Building - 530 Whitehead St._ Key Part of KW CH Annex District 3 Commissioner West system 2 Old Courthouse - District 1 500 Whitehead St., Key Part of KW CH Annex Commissioner West system 2 Old Courthouse - Traffic and 500 Whitehead St., Key Part of KW CH Annex Fines West system 5 Freeman Justice Center 302 Fleming Street, Key Navarro- Ademco Vista 128 West FSB Panel (digital) 42 302 Fleming Street, Key Honeywell 7845 GSMR Freeman Justice Center West (cellular) Gato Building, Social Svs 1100 Simonton Street, Key Ademco Honeywell 10 West Gato Building — 2 nd floor 1100 Simonton Street, Key Ademco Honeywell 13 West Medical Examiner 56639 Overseas Hwy., Simplex Grinnel 4010 FACP 1 Crawl Key Plantation Key Ellis Building 88800 Overseas Hwy., Supervisor of Elections Tavernier CADDX NX 6 2 Plantation Key Ellis Building 88800 Overseas Hwy., Traffic Tavernier CADDX NX6 3 Plantation Key Ellis Building 88800 Overseas Hwy., Social Services Tavernier CADDX NX 6 2 PK Spottswood Building 88770 Overseas Hwy_, HoneywelI(Digital) 5802 -WXT 1 Tavernier 88770 Overseas Hwy, PK Spottswood Station Tavernier Cellular Plantation Key Ellis Building 88800 Overseas Hwy, Planning Tavernier. CADDX NX 6E 2 102050 Overseas Hwy., Key Murray E. Nelson La rgo Honeywell 60 -578 9 G. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN In the event of a major component failure or system breakdown, the COUNTY, when deemed as an emergency situation, shall have the option to request from the CONTRACTOR only, a proposal /quote for replacement equipment in an amount that could exceed Five Thousand and 00 /100 Dollars ($5,000.00). Any proposal over Five Thouand and 00 /100 Dollars ($5,000.00), up to and including Ten Thousand and 00 /100 Dollars ($10,000.00), must be approved and signed by the Division Director and /or the County Administrator. Any proposal over Ten Thousand and 00 /100 Dollars ($10,000.00), up to and including Forty -nine Thousand Nine Hundred Ninety -nine and 99/100 Dollars ($49,999.99), must be approved and signed by the Division Director and the County Administrator. 1� AGREEMENT 1 -13 January 201 Packet,Pg. 695 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING H. BACKGROUND CHECKS / FINGER PRINTING Supervision and Inspection of Work: Sufficient supervisory personnel shall be provided and systematic inspection will be c conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems that may arise will be taken care of promptly, the Contractor will maintain a twenty -four (24) hour telephone contact seven (7) days per week for the receipt of any complaints and /or addressing any issues. Random inspections shall be performed by County Representatives from the Public Works/Engineering Division administering the contracts. Deficiencies shall be corrected within a twenty -four (24) hour period of notification to the Contractor. Failure of the contractor to correct such deficiencies shall result in prorated deduction from the monthly invoice. Personnel Contractor employees must consent to background checks. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The Contractor will be responsible for the supervision, hiring and firing of their own employees and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one of its personnel per building can communicate well with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations and all other local, State and Federal regulations. Uniforms are preferred for the Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. Some work will be conducted at secure law enforcement facilities. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local records check: AGREEMENT 1 -14 January 20 Packet,Pg. 696 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter MCSO facilities. Background checks on such personnel will be conducted by MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of MCSO, the employee shall not be permitted to return to any facility operated by MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty eight (48) hours of being put on notice by the employee /subcontractor and /or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 3. THE CONTRACT SUM The CoLtnty shall pay to (lie Contractor for the performance of said monthly service oil a per month in arrears basis on or before the 30 "' day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for maintenance, monitoring, and inspections performed under the Specification contained herein. The Contractor amount shall be as stated by the Contractor's bid as follows: A. Fire Alarm System Annual Certification and Central Station Monitoring as follows { AGREEMENT 1 -15 January 20 Packet,Pg. 697 INSPECTION FIRE SYSTEM: AMOUNT CONTROL (including any MONTHLY BUILDING LOCATION PANEL MODEL # possible MONITOR e - overtime) AMOUNT Key West Courthouse 500 Whitehead St., Key West Sim lex 4100 $1,500.00 $20.00 Judicial Workout Room 502 Whitehead St., Key West Notifier SFP -2402 $750.00 $20.00 .....__.., ( formerly Juvenile Detention Sheriff Civil Division 500 Whitehead St., Key West _ Fa raday Firewatch II $ 750.00 $20.00 J. Lancelot Lester Building & 530 Whitehead St., Key West Notifier AFP -200 $1500.00 $20.00 Records Storage Freeman Justice Center 302 Fleming Street, Key West Notified AFP- AFP -200 $2250.00 $20.00 200 Bayshore Manor 5200 College Road, Stock Notifier SFP -10UD $1000.00 $20.00 Island May Hill Russell Library 700 Fleming St., Key West Not ifier SFP 400B $1000.00 $20.00 { AGREEMENT 1 -15 January 20 Packet,Pg. 697 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING B. Panic Alarm System Certification, if necessary, and Central Station Monitoring as follows INSPECTION PANIC SYSTEM: AMOUNT MANUFACTURER (including any MONTHLY BUILDING LOCATION MODEL # possible MONITOR overtime AMOUNT KW Courthouse Annex 502 Whitehead St., Key West CADDX $1250.00 $20.00 AGREEMENT 1 -16 January 20 Packet Pg. 698 { _ INSPECTION FIRE SYSTEM: AMOUNT MONTHLY CONTROL MODEL # (including any MONITOR BUILDING LOCATION PANEL possible AMOUNT ov ertime) Gato Building 1100 Simonton Street, Key Simplex 4010 $1500.00 $20.00 West Gato Elevator 1100 Simonton Street, Key West Harvey Government Center 1200 Truman Avenue, Key Notifier NFS 320 $1500.00 $20.00 West Big Pine Key Library Kei Key Deer Blvd. Big Pine Notifier SFP -2404 $1000.00 $20.00 Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart $1000.00 $20.00 3 Marathon Government 2798 Overseas Hwy, Marathon Faraday MPC -2000 $1500.00 $20.00 Center Marathon Government 490 63" Street, Marathon FireLite MS -10UD $1000.00 $20.00 Annex Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan $1500.00 $20.00 Marathon 4024 _ Marathon Sheriff's Hangar Mar athon Ai rport _ Notifier NFS -320 $1000.00 $20.00 Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2 -100 $1000.00 $20.00 Marathon George Dolezal Library 3251 Overseas Hwy., FireLite MS10UD $750.00 - $20 - .00 Marat Ruth Ivins Center, Health 3333 Overseas Hwy., Notifier SFP 5UD $750.00 $20.00 De t. Marathon Medical Examiner 56639 Overseas Hwy., Crawl Simplex 4010 $1000.00 $20.00 Ke Ellis Building 88800 Overseas Highway, FireLite MP -24 $1500.00 $20.00 P lantation Plantation Key Courthouse Highpoint Road, Plantation FireLite MP -24 $1000.00 $20.00 Key Plantation Key Detention 53 Highpoint Road, Plantation FireLite MS -9200 $1500.00 $20.00 Fa cility Ke Islamorada Library MM 81.5, Islamorada Fire Lite MS -4424b $1500.00 $20.00 ME Nelson Governmental 102050 Overseas Highway, Siemens FS -250 $2500.00 $20.00 and Cultural Center Ke Largo Roth 50 Highpoint Road, T avernie r Edwards EST -2 $2500.00 $20.00 _B uilding MC Fire S tation # 9 28 E merald Drive, Big Coppitt Notifier SFP -5UD $750.00 $20.00 MC Fire Station # 13 390 Key Deer Blvd, HI Big Pine EST Quickstart $1250.00 $20.00 Ke MC Fire Station # 22 151 Marine Drive, Tavernier Notifier NFW2 -100 $1500.00 $20.00 Key Largo Library 101485 Overseas Highway, FireLite MS -5UD $1250.00 $20.00 Tradewinds Shop Plaza .. MC Fir Station # 17 10 S. Conch Ave, Conch Key Notifier NFW2 -100 $1250.00 $20.00 MC Fire Station #8 5655 MacDonald Ave., Stock Edwards VS -1 $1000.00 $20.00 Island B. Panic Alarm System Certification, if necessary, and Central Station Monitoring as follows INSPECTION PANIC SYSTEM: AMOUNT MANUFACTURER (including any MONTHLY BUILDING LOCATION MODEL # possible MONITOR overtime AMOUNT KW Courthouse Annex 502 Whitehead St., Key West CADDX $1250.00 $20.00 AGREEMENT 1 -16 January 20 Packet Pg. 698 { FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING Judicial Workout Room 502 Whitehead St., Ke West CH Annex system $ INC, $ INC. J. Lancelot Lester Building & 530 Whitehead St., Key West CH Annex system $ INC. $ INC. Records Storage J. Lancelot Lester Building - 530 Whitehead St., Key West CH Annex system $ INC. $ INC. District 3 Commissioner Old Courthouse - District 1 500 Whitehead St., Key West CH Annex system $ INC. $ INC. Commissioner Old Courthouse — 500 Whitehead St., Key West CH Annex system $ INC. $ INC. Traffic /Fines Freeman Justice Center 302 Fleming Street, Key Navarro - Ademco $20.00 West Vista 128 FSB $1500.00 Panel (digital) Freeman Justice Center 310 Fleming Street, Key Honeywell 7845 $ INC. $30.00 West GSMR cellular Gato Building — Social 1100 Simonton St., Key West Ademco Honeywell $500.00 $20.00 Services Gato Buildin — 2 " "' floor 1100 Simonton St., Kev West Ade mco Honeywell $500. $20.00 Medical Examiner 56639 Overseas Hwy., Crawl Simplex Grinnel $750.00 $20.00 Key 4010 FACP Ellis Building Supervisor of 88820 Overseas Hwy., CADDX $750.00 $20.00 Election T avernier NX -6 Ellis Building Traffic 88820 Overseas Hwy., CADDX NX 6 $750.00 $20.00 Taverni Ellis Building Social Services 88820 Overseas Hwy., CADDX NX 6 $750.00 $20.00 Tavernier Ellis Building Planning Overseas Hwy., CADDX NX 6E .... $750.00 ......._� -____ $20.00 Taver aver Ta vernier ME Nelson Govt. Center 102050 Overseas Hwy., Key Honeywell 60 -578 $1500.00 $20.00 Lar go — - _..... Spottswood Station 88770 Overseas Hwy., Honeywell 5802 - $750.00 $20.00 Tavernier WXT(Dia ) Spottswood Building 88770 Overseas Hwy., Honeywell 5802- $750.00 $30.00 Tavernier WXT(Cellular) Total Fire Alarm Inspection: $39,750.00 Total Fire Alarm Monthly Monitoring:. X620.00 Total Panic Alarm Inspection: X1 0,500..00 Total Panic Alarm Monthly Monitoring: , 280.00 Service Rates Regular Hourly Labor Rates Monday- Friday 8am to 5pm After Hours Labor Rates (Includes Weekends and Holidays) Markup of Materials above vendor cost $125.00 per hour $187.50 per hour 25 % AGREEMENT 1 -17 January 20 Packet ',Pg. 699 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 4. PAYMENTS TO CONTRACTOR A. County's performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. C. The County will not pay Contractor for costs for travel, mileage, meals, or lodging. 5. TERM OF AGREEMENT This two (2) year Agreement shall commence on May 1, 2017, and ends upon April 30, 2019, unless terminated earlier under paragraph 19 of this Agreement. The County shall have the option to renew this Agreement for up to an additional three (3) one -year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one (1) year. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI -U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI -U computation at December 31 of the previous year. 6. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses Proof of such licenses shall be submitted to the County upon execution of this Agreement. 7. FINANCIAL RECORDS OF CONTRACTOR Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this AGREEMENT 1 -18 January 201 Packet ',Pg. 700 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. 8. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. { AGREEMENT 1 -19 January 201 Packet ',Pg. 701 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release alter destroy or otherwise dispose of an p ublic records unless or otherwise provid.ed in this provision or as otherwise provided by law. THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN @MONROECOUNTY- 1{L.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET SUITE 408 KEY WEST FL 33040 9. HOLD HARMLESS, INDEMNIFICATION, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub - contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. { AGREEMENT 1 -20 January 20 Packet,Pg. 702 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability covedrage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no -fault coverage, with limits of liability of not less than 300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $, 00, 0 .0 per person, $ 300,000. per occurrence, and $ 200,000.01 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 10. NON- WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement { AGREEMENT 1 -21 January 201 Packet ',Pg. 703 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING contained in this agreement shall be construed so as to find Contractor or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12. NONDISCRIMINATION Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88 -352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101 - 6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 13. ASSIGNMENT /SUBCONTRACT Contractor shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE RE UIIIEMENTS In providing all services /goods pursuant to this agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a { AGREEMENT 1 -22 January 20 Packet,Pg. 704 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING material breach of this agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 16. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Project Management Department 1100 Simonton Street, Room 2 -216 Key West, FL 33040 and FOR CONTRACTOR Scott Slough, Operations Manager Hy -Tech Solutions, Inc. 5730 Second Avenue Key West, FL 33040 Assistant County Administrator (Public Works and Engineering) 1100 Simonton Street Key West, FL 33040 { AGREEMENT 1 -23 January 20 1 Packet ',Pg. 705 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 18. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 19. TERMINATION r� A. The County may terminate this Agreement with or without cause prior to the commencement of work. B. The County and Contractor may terminate this Agreement for cause with seven (7) days' notice to Contractor. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty r� C4 ' (60) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. 20. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. AGREEMENT 1 -24 January 20 1 Packet ',Pg. 706 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 23. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs at all levels of the court system including in appellate proceedings. 24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If no resolution can be agreed upon within thirty (30) days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 25. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 26. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 27. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 28. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the { AGREEMENT 1 -25 January 20 Packet,Pg. 707 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONI County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 30. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, co nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 31. NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 33. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 34. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 35. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT AGREEMENT 1 -26 January 201 Packet ',Pg. 708 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore; this agreement is not to be construed against either party on the basis of authorship. 38. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. REMAINDER OF PAGE LEFT BLANK AGREEMENT 1 -27 January 20 Packet ',Pg. 709 I rvi l ro l lI l t I 9=1 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, MONITORING IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. IlI- v MeWilITIM1111111•1 Signature Date Print Name 92VQ Signature at Priu Vawe By: Mayor Imm Nwe • • Print Name and Title AM, Telephone Number WNROE COUNYY ATTORh l'8 OFFICE M V �E D A S A PATRICIA FABLES ASSIST h ATRINEY PATE: AGREEMENT 1-28 January 2017 Monroe County Fire and PanicAlarm 8�stem Annual Certification Maintenance and Monitoring Yes =1 No =O Total Point! Rank r •♦ : • • r " • • ^ •- r • Barnes IFSS Hy -Tech Rorida Keys Fire Protection Check Bectric Max Points Prices Fbints Prices Points Prices Points Prices Points Points 15 $ 19,769.93 $ 22,366.00 $ 39,750.00 $ 8,616.00 $ 46,020.00 15 $ 392.55 $ 542.50 $ 620.00 $ 592.00 $ 1,647.00 15 $ 3,531.45 $ 2,205.50 $ 10,500.00 $ 2,820.00 $ 7,440.00 r 15 $ 450.10 $ 245.50 $ 280.00 $ 333.00 $ 756.00 15 $ 78.50 $ 70.00 $ 125.00 $ 65.00 $ 95.00 15 $ 117.74 $ 105.00 $ 187.50 $ 97.50 $ 160.00 8 25% 45% 25% 20% 30% 1 1 100 72 80 53 88 42 3 2 4 1 5 x x x* x x x x x x x x x x x x x x x x x x x x x x t x x x x x x x x x x x x x x x No x x No x No x x No x* No x x No x wrote Wrote on Local Answered NA "system not Proposal preferenace tolegal monitored" document notariized Question (a) on proposal that but not form Monitoring signed will be quarterly auto paid No *notaries are Financials, not and only one completed Proposal on forms Document in bid Yes =1 No =O Total Point! Rank r •♦ : • • r " • • ^ •- r • Monroe County Fire and Panic Alarm System Annual Certification Maintenance and Monitoring i 112 Iq gq�yi�v�!Jpiijiq�� 1 111111001 11 errnr i : • , RMT1.0r-1.71re FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME —FIRST NAME — MIDDLE NAME Kolhage Danny Lee NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Monroe County Board of Commissioners MAILING ADDRESS 1901 S. Roosevelt Blvd., #106n THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: ❑ CITY LdCOUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY Key West 33040 FL Monroe NAME OF POLITICAL SUBDIVISION: Monroe County, FL - District 1 DATE ON WHICH VOTE OCCURRED April 12, 2017 MY POSITION IS: d ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or'sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law, mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the.situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 8B - EFF. 11/2013 PAGE 1 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Danny L. Kolhage , hereby disclose that on April 1 2 20 17 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, IR ci V m n n J UR. Z CJ U e Z ; inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Approval of a two (2) year Contract with Hy -Tech Solutions, Inc. for Fire and Panic Alarm Inspections, Maintenance, and Monitoring for Monroe County Buildings. Fees for inspections, maintenance, and monitoring are paid for out of facilities maintenance. Contract amount will be for $110,000.00 annually for monthly monitoring, annual inspections, and regular maintenance. I am related to one of the bidders through marriage. by , which If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. 0�{ /13/1'1 • Date Fil d g re NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34- 7.010(1)(f), F.A.C. BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor George Neugent, District 2 The Florida Keys Mayor Pro Tern David Rice, District 4 1-7 Danny L. Kolhage, District 1 Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting April 12, 2017 Agenda Item Number: C.17 Agenda Item Summary #2837 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429 None AGENDA ITEM WORDING: Approval of a two (2) year Contract with Hy -Tech Solutions, Inc. For Fire and Panic Alarm Inspections, Maintenance, and Monitoring for Monroe County Buildings. Fees for inspections, maintenance, and monitoring are paid for out of facilities maintenance. Contract amount will be for $110,000.00 annually for monthly monitoring, annual inspections, and regular maintenance. ITEM BACKGROUND: On February 21, 2017, Monroe County staff opened sealed bids for the Fire and Panic Alarm inspections, maintenance and monthly monitoring Request for Proposals. The three (3) lowest bidders were non - responsive as they had not included in their bid package the financial information or answers to questions required in the County's request for proposals and or completed the bid form correctly. Hy -Tech was the next conforming responsive bidder. PREVIOUS RELEVANT BOCC ACTION: Monroe County BOCC approved a contract for Annual Panic and Fire Alarm Maintenance, Monitoring, and Inspection with Barnes Alarms Systems, Inc. on August 20, 2008. CONTRACT /AGREEMENT CHANGES: None STAFF RECOMMENDATION: Staff recommends approval as stated above. DOCUMENTATION: Monroe County Maintenance and Monitoring Contract Hy Tech solutions 3 -27 -17 RFP- Scoring Value (2 pgs) FINANCIAL IMPACT: