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01/19/2000 Agreement 1!lannp 1.. liolbage BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARA mON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF mE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET I<;EY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANT A nON KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: February 23,2000 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Pamela G. Hancoc~ Deputy Clerk U FROM: At the January 19, 2000, Board of County Commissioner's meeting the Board granted approval and authorized execution of a Contract between Monroe County and Barnes Alarm Systems, . Inc. for alarm system annual certification, maintenance, and monitoring for alarm systems located in various county facilities. Enclosed please find a fully executed duplicate original of the above for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator w/o document County Attorney Finance File .f1f ~ SECTION THREE CONTRACT THIS AGREEMENT, made and entered into the 19th day of January. 2000, by and between MONROE COUNTY. FLORIDA, party of the first part (hereinafter sometimes called the "Owner"), and BARNES ALARM SYSTEMS, INC. party of the second part (hereinafter some- times called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 SCOPE OF THE WORK The Contractor shall provide all labor, tools, and equipment necessary to provide Alarm System Annual Certification, Maintenance, and Monitoring, in accordance with the Public Works Contract Specifications entitled: Alarm System Annual Certification, Maintenance, and Monitoring Monroe County, Florida attached hereto and incorporated as part of this contract document. The Contractor shall provide all required documentation pursuant to National Fire Protection Association Requirements, and shall be on call twenty-four (24) hours per day, seven (7) days per week. 3.02 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: A. ALARM SYSTEM ANNUAL CERTIFICATION Upon receipt of Annual Certification for each alarm system, payment will be made within sixty (60) days after receipt of the Contractor's request for payment. Payment for Annual Certification shall be as stated in the Contractor's bid as follows: Eiaht Thousand Eiaht Hundred Eiahtv Eiaht Dollars and Zero Cents ($8,888.00) per year. B. ALARM SYSTEM CENTRAL STATION MONITORING The County shall pay to the Contractor for central station monitoring of alarm systems on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for monitoring services performed under the Specifications contained herein. The Contract amount shall be as stated in the Contractor's bid as follows: One Hun~ati.~~mNDW Zero Cents ($140.00) per month. 31l~/f"no~ "1 ANNvO fJ& :t Wd ZZ 83.:1 00 O~003(J HO:l 0311.:1 C. ALARM SYSTEM MAINTENANCE AND REPAIR 1. The actual manufacturer's Invoice cost of parts and materials plus 25%, used by the Contractor to fulfill the obligations of the Contract. Manufacturer's Invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. 2. The cost of labor and equipment used by the Contractor to fulfill the obligations of the Contract. The labor and equipment costs will be calculated using the unit prices set forth in the CONTRACTOR'S bid as follows: A. - Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays - $55.00 per hour. B. - Labor - overtime rate for hours other than the normal working hours as stated in Article 3.02C-2, including holidays - $75.00 per hour. Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Payment for Alarm System Maintenance and Repair shall not exceed $10,000.00 per year. 3.03 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor (and his Surety, if applicable). B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. 3.04 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing on Februarv 1. 2000. and terminating on Januarv 31. 2001. 3-2 B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract agreement amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. 3.05 HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS1, attached hereto and incorporated as part of this contract document. 3.06 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.07 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 3.08 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the contractor. 3.09 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 3-3 3.10 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL 1, VL 1, GIR1 & GIR2, each attached hereto and incorporated as part of this contract document. 3.11 FUNDING AVAILABILITY Notwithstanding anything contained elsewhere in this contract, if funds for Facilities Maintenance Contractual Services are partially reduced by the Board of County Commissioners or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the contractor. The Board of County Commissioners shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 3.12 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in the Public Works Manual entitled "Public Works Specification Manual/Alarm System Annual Certification, Alarm System Maintenance, and Alarm System Central Station Monitoring", which is attached hereto and incorporated herein as a part of this contract/agreement. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.13 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 Public Works Facilities Maintenance Dept. 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Barnes Alarm Systems, Inc. 5615 3rd Avenue, #8 Key West, FL 33040 The notice will be considered received by a party two (2) days after its receipt by the postal authorities of the U.S. for delivery to either address in this article. 3-4 3.14 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 3.15 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and dat irst above written in four (4) counterparts, each of which shall, without proof or accounting ~ ;:. ,~... r counterparts, be deemed an original Contract. ~~. -)"\:;-:.0 '" ~~~ /:. ';P r.....~~ II$. C;Z~\ Y"' ,i;.....:;::: I r~. . \ '" .,\ - ~&;I.~~f~N L. KOLHAGE, Clerk ~"l ,,~.......' , ~. t r " , ..." . ~'''':;'"'' I; ,,," ;7/,- '.,,>~4i) '</ j < MONROE COUNTY, FLORIDA cS~-F~ By Mayor/ airman BARNES ALARM SYSTEMS, INC. ~~,e!rR#~ 3-5 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for 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 public entity, may not be awarded or perfonn work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CA TEGOR Y TWO for a period of 36 months from the date of being placed on the convicted vendor list." SWORN STATE!\.ffiNT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE GRG&C,pv' #'-&~M~S f warrants that he/it has not employed, retained or otherwise had act on bislits behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer Of ,employee. +rAdV/nkJ . (~gnature) Date: /~Jd.g /9 '7 / I " . STATIOF 1) oJL COUNTY OF ~ t1>1 ("-0 e.- PERSONALLY ~PEARED BEFORE ME, the undersigned authority, (]~-40PY If .gIJ-1<:N~ who, after first being sworn by me, affixed hislher signature (name of individual signing) in the space provided above on this ;) g day of t, My commission expires: t~~~'~~ DIANA R. KIRK ~.1.:~ MY COMMISSION # CC 825940 ':tl:.9i.t:..~ EXPIRES: 04/12/2003 1-800-3-NOTARY Fla Notary S""""" & Bonding Co OMB - MCP FORM #4 RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: . Certificate of Insurance or . A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSA nON AND EMPLOYERS' LIABILITY WCl WC2 WC3 WCUSLH WCJA X X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability INSCKLST-l GENERAL LIABILITY As a minimum, the required general liability coverages will include: . Premises Operations . Blanket Contractual . Expanded Definition of Property Damage Required Limits: GLl x GL2 GL3 GL4 Required Endorsement: GLXCU GLLIQ GLS . Products and Completed Operations Personal Injury . $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Underground, Explosion and Collapse (XCV) Liquor Liability _ Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST-2 VEHICLE LIABILITY As a minimum, coverage should extend to liability for: . Owned; Non-owned; and Hired Vehicles Required Limits: VLl x VL2 VL3 VL4 BRl MVC PROl PR02 PR03 POLl POL2 POL3 EDI ED2 GKI GK2 GK3 $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES Builders' Motor Truck Limits equal to the maximum Limits equal to the Professional Liability Pollution Liability Employee Dishonesty Garage Keepers $ 250,000 per Occurrence/$ 500,000 Agg. $ 500,000 per Occurrence/$I,OOO,OOO Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $ 500,000 per Occurrence/$l,OOO,OOO Agg. $1,000,000 per Occurrence/$2,000,000 Agg. $5,000,000 per Occurrence/$IO,OOO,OOO Agg. $ 10,000 $100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) INSCKLST -3 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Alarm System Annual Certification, Maintenance, and Monitoring BETWEEN MONROE COUNTY, FLORIDA AND BARNES ALARM SYSTEMS, INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. GLl VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Alarm System Annual Certification, Maintenance, and Monitoring BETWEEN MONROE COUNTY, FLORIDA AND BARNES ALARM SYSTEMS, INC. Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfY the above requirements. MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements. as specified in the County's Schedule of Insurance Requirements. be waived or modified on the following contract. Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management Date County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLlCY DEDUCTIBLES Liability policies are _ Occurrence Claims Made Signature Insurance Agency BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature INSCKLST -5 MEDl Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$ 3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLPl Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liab. Maximum Value of Property HKLl Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIRl Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEOl Architects Errors $ 250,000 per Occurrence/$ 500,000 Agg. AE02 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. AE03 $ 1,000,000 per Occurrence/$3, 000, 000 Agg. E01 Engineers Errors $ 250,000 per Occurrence/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrence/$1,000,000 Agg. E03 $ 1,000,000 per Occurrence/$3,000,000 Agg. INSCKLST-4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Alarm System Annual Certification, Maintenance, and Monitoring BETWEEN MONROE COUNTY, FLORIDA AND BARNES ALARM SYSTEMS, INC. Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 1 f the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund, a Certificate ofInsurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. wet MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. In the event 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. 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. TCS 1(j99-'2000 J( , rilONROE sr,A1Ttl~! (\:" ~ MU~i m: iX,! r )~1S SEATS [~J~P: (Yl'L! (;.- 1 (J 30140 CFRT ALARM CONf x EF 0000632 ~61S 3RD AVENUE #8 00 - COUNTY OF MONROE "II', '.' I '--'. ~; r\ ~: ~~ r~, A l, A R ~il J Y S rEM S 13/\,I~NF~, DI',l,E I( "(, 1:, .3 f~ D A V E N tJ [ # 8 f 'i I.,J [ :: 1 I I. H 000063-2--EX 9/00 33U40 ,,' U R T JU, A f': M I; 0 N 'f [f 0000632 ,', . . -, ,H /', F~ r\ Y F. t~ N I G H T ~ C F C ~ T A X C 0 L LEe T 0 f( ""'f'O BOX 1L~9~ K[Y WEST FL 330/t1-1129 0000000000 0000002500 0000301400027474 1001 5 CITY OF KEY WEST, FLORIDA Occupational License A C1ty Occupat1onal L1cense 1S a bUS1ness tax, Holder must meet all C1ty Zon1ng and use prov1s1ons. P.O. Box 1409, Key West, Florida 33040 (305)292-8131 lS:1r;-';f:;;i I'S:l::'!::Q.o cc "'-'rt- c:r::.r:"'}rt:I ~""'ljus1ness name ""- if ~ocat1on addr .::s::. IXJ ~ :::s I,: t:'lC Nbr/Class Tif~ue date ,....:- Lic Fee ~enalty !total BARNES ALARM SYSTEMS 5615 THIRD AVE, STOCK ISLAND Ctl nbl' 00 03228 8/19/99 262.50 .00 262.50 CONTRACTOR - CERT ALARM I Expirat10n date 9/30/00 ,~,t ~-- Th1S llcense must be prom1nently d1splayed. BARNES ALARM SYSTEMS 5615 THIRD AVE, STOCK ISLAND KEY WEST FL 33040 BARNES DALE R, 30 1 ,~C - [I (' 27... " ... ',', F F' 1 , -' \.... ,J .I..'\" -":"" -... :-_J .'., .--' -, -". .-~- .~~ gi:? R~~ -'1 _.~ ,,:;- ~ --r""! :':J_-." ~.~ ~~~ -~ ~ ~ . -~ ~t: -" .=, '=.;) _ .-::;' <.::) --.::- .....,:. -.....":T:~-:;J ,=> '~"' "-0 '_ ::r: -- -' 3 2 : oS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7197) MONROE COUNTY PUBLIC WORKS DIVISION FACILITIES MAINTENANCE DEPARTMENT CONTRACT SPECIFICATIONS ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE, AND MONITORING MONROE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Mayor Wilhelmina G. Harvey, District I Mayor Pro Tern Shirley Freeman, District 3 George Neugent, District 2 Nora Williams, District 4 Mary Kay Reich, District 5 COUNTY ADMINISTRATOR James L. Roberts DIRECTOR OF PUBLIC WORKS Dent Pierce CLERK OF THE CIRCUIT COURT Danny L. Kolhagc FACILITIES MAINTENANCE DIRECTOR Carlos Zarate MAY, 1999 Prepared by Cindy Sawyer, Contract Monitor 1. 01 1. 02 C. ...' SECTION ONE INSTRUCTIONS TO BIDDERS INSURANCE/INDEMNIFICATION/HOLD HARMLESS a) The Contractor shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS1. b) The Contractor will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms GL1, VL1, WC1, GIRl, & GIR2, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. Certificates of Insurance must be provided to County wi thin fifteen days after award of bid. proper insurance forms are not received within teen days, bid may be awarded to the next bidder. Monroe I f the the fif- selected DISQUALIFICATION OF BIDDERS a) One Bid: Only one bid from an individual firm, partnership or corporation under the same or under different names will be considered. If it is discovered that a bidder is interested in more than one bid for the work involved, all bids in which such a bidder is interested will be rej~~te~ b) NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists among the bidders, the bid or DKQQosals of all participants in such collusion will be rejected, and no participants in such collusion will be considered in future bids for the same work. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a convic- tion 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Category Two: $10,000.00. 1-1 1. 03 1 .04 a) d. ETHICS CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed ETHICS CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it wi th your bid or proposal may result in immediate disqualification of your bid or proposal. e. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with your bid or proposal may result in immediate disqualification of your bid or proposal. f. CERTIFICATIONS: The Contractor shall submit with his bid copies of all licenses and certification to perform the work, in accordance with all applicable requirements under the National Fire Protection Association (NFPA), Florida State Statutes, Federal, State, and Local Authorities having jurisdiction over the work. The Contractor shall submi t~i th his bid written certi f ication from the local governing authority (i. e. City, County, or State Fire Marshall's Office), certifying the Central Station as a bonafide Central Moni toring Station, for all referenced alarms contained in this bid package. FAILURE TO SUBMIT THE ABOVE REFERENCED CERTIFICATION AND COPIES OF ALL LICENSES TO PERFORM WORK MAY RESULT IN IMMEDIATE DISQUALIFICATION OF YOUR BID, g. The bidder shall include with his bid all existing and future obligations, and references. EXAMINATION OF SITE CONDITIONS a) Each bidder, by and through the submission of his bid, agrees that he shall be held responsible for having examined the sites, the location of all proposed work, and knowledge and experience or professional advice as to the character and location of the sites and any other condi tions surrounding and affecting the work, any ob- structions, the nature of any existing construction, and all other physical characteristics of the job, in order that he may include in the prices which he bids all costs pertaining to the work and thereby provide for the satisfactory completion thereof. EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall carefully examine the specifications and other contract documents, and inform himsel f thor- oughly regarding any and all conditions and requirements 1-2 1. 05 1. 06 a) b) c) that may in any manner affect cost, progress, or perfor- mance of the work to be performed under the contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the contract. b) Should a bidder find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once noti fy the OWNER. c) The OWNER'S designated representative shall be the Facil- ities Maintenance Contract Monitor. The Contract Monitor can be reached via telephone at (305) 292-4431. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA No oral interpretations will be made to any bidder as to the meaning of the contract documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date fixed for opening of bids will be gi ven consideration. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, will be mailed or sent by avail- able means to all known prospective bidders prior to the established bid opening date. Each bidder shall acknowledge receipt of such addenda in the space provided therefore in the bid form. In case any bidder fails to acknowledge receipt of such addenda or addendum, his bid will nevertheless be construed as though it had been received and acknowledged and the submission of his bid will constitute acknowledgment of the receipt of same. All addenda are a part of the contract documents and each bidder will be bound by such addenda, whether or not received by him. It is the responsibility of each bidder to verify that he has received all addenda issued before bids are opened. GOVERNING LAWS AND REGULATIONS The bidder is required to be familiar with and shall be responsible for complying with all federal, state and local laws, ordinances, rules, and regulations that in any manner affect the work. The bidder shall include in his bid prices all sales, consumer, use, and other taxes required to be paid in accordance with the law of the State of Florida and the County of Monroe. The bidder shall possess proper licenses to perform work in accordance with these specifications. 1-, 1. 07 1. 08 1. 09 1. 10 a) b) PREPARATION OF BIDS a) Signature of the bidder: The bidder must sign the Bid forms in the space pro v ided for the signature. I f the bidder is an individual, the words "doing bus iness as If, or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the firm name and the words "Member of the Firm" should be written beneath such signature. If the bidder is a corporation, the title of the officer signing the bid in behalf of the corporation must be stated and evidence of his authority to sign the bid must be submitted. The bidder shall state in the bid the name and address of each person interested therein. b) Basis for Bidding: The bid price for each item shall be on a unit price basis according to the form of the bid. The bid prices shall remain unchanged for the duration of the contract and no claims for cost escalation during the progress of the work will be considered. SUBMISSION OF BIDS a) Two (2) signed originals and one (1) copy of each bid shall be submitted in a sealed envelope which shall be marked so as to clearly indicate its contents and the name of the bidder. If forwarded by mail, the above mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated in the Notice of Calling For Bids, and preferably by special delivery, registered mail; if forwarded otherwise than by mail, it shall be delivered to the same address. Bids will be received until the date and hour stated in the Notice of Calling For Bids. WITHDRAWAL OF BID Any bid may be withdrawn prior to the time scheduled in the Notice of Calling For Bids for the opening thereof. A bid may also be withdrawn thirty (30) days after the date of the opening of the bids, provided that the bidder has not been notified that his bid has been accepted. MODIFICATION OF BIDS Written bid modification will be accepted from bidders if addressed to the entity and address indicated in the Notice of Calling For Bids and received prior to bid due date and time. A bidder may modify his bid by telegraphic communication at any time prior to the scheduled closing time for receipt of bids, provided such telegraphic communication l-.J 1. 11 1. 12 1. 13 a) b) ': is received prior to the closing time, and provided further, the OWNER is satisfied that a written confirmation of the telegraphic modification over the signature of the bidder was mailed prior to the Closing time. The telegraphic communication should not reveal the bid price, but should provide the addition or subtraction or other modification so that the final prices or terms will not be known until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the telegraphic modification. RECEIPT AND OPENING OF BIDS Bids will be received until the designated time and will be publicly opened and read aloud at the appointed time and place stated in the Notice of Calling For Bids. The person whose duty it is to open them will decide when the specified time has arrived and no bids received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present. DETERMINATION OF SUCCESSFUL BIDDER Until the final award of the contract, the OWNER is not bound to accept the minimum bid, but reserves the right to reject any and all bids and to waive technical errors and irregularities as may be deemed best for the interests of the OWNER. Bids which contain modi f ications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instructions to Bidders, and the contract documents, may be rejected at the option of the OWNER. AWARD OF CONTRACT The OWNER reserves the right to reject any or all bids, or any part of any bid, to waive any informality in any bid, or to re-advertise for all or part of the work contemplated. If bids are found to be acceptable by the OWNER, written notice will be given to the selected bidder of the acceptance of his bid and of the award of the contract to him. If the award of the contract is annulled, the OWNER may award the contract to another bidder, the work may be re-advertised, the work may be performed by day labor, or the work may be performed utilizing County Employees; "as the OWNER decides. 1 .~ 'i c) d) e) 1.14 1.15 -:. The contract will be awarded to the qualified bidder complying with the applicable conditions of the contract documents. The OWNER also reserves the right to reject the bid of a bidder who has previously failed to perform properly or to complete contracts of a similar nature on time. The OWNER reserves the right to consider previous work history and contract performance. EXECUTION OF CONTRACT The bidder to whom a contract is awarded will be required to return to the OWNER four (4) executed counterparts of the prescribed contract together with the required certificate of insurance within fifteen (15) days from the date of notice of acceptance of the bidder's bid. BID FORM Any person submitting a bid or bid in response to this invitation shall utilize the attached Bid Form. I-() SECTION TWO CONTRACT SPECIFICATIONS 2.01 ALARM SYSTEM ANNUAL CERTIFICATION 1. The Contractor shall furnish 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, insurance's, and all other costs associated with same, for: a. Juvenile Detention, 500 Whitehead Street, Key West b. J. Lancelot Lester Justice Building Including Records Storage Facility, 530 Whitehead Street, Key West c. Public Service Building, 5100 College Road, Stock Island, Key West d. Bayshore Manor, 5200 College Road, Stock Island, Key West e. Library, 700 Fleming Street, Key West f. Harvey Government Center @ Historic Truman School, 1200 Truman Avenue, Key West g. Property Appraiser Offices, 302 Fleming Street, Key West h. Marathon Government Center, 2798 Overseas Highway, Marathon i. Marathon Government Center Annex, 490 63m Street, Marathon j. Marathon Jail, 3981 Ocean Terrace, Marathon k. Marathon Courthouse, 3117 Overseas Highway, marathon 1. Marathon Library, 3251 Overseas Highway, marathon m. Ellis Building, 88800 Overseas Highway, Plantation Key n. Plantation Key Courthouse, Highpoint Road, Plantation Key o. Plantation Key Jail, 53 Highpoint Road, Plantation Key 2. Work shall be performed in accordance with, documentation shall be provided pursuant to, Fire Protection Association Requirements. and all National 3. Annual Certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the Office of the Facilities Maintenance Director, 3583 S. Roosevelt Boulevard, Key West, Florida, 33040, within sixty (60) days of contract execution or thirty (30) days prior to expiration of respective existing certifications, whichever occurs first. 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 2-1 deficiencies shall be corrected within thirty (30) days of Notice to Proceed. -: 2.02 ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurance's, and all other costs associated with same, for: a. Juvenile Detention, 500 Whitehead Street, Key West b. Bayshore Manor, 5200 College Road, Stock Island, Key West c. J. Lancelot Lester Justice Building including Records Storage Facility, 530 Whitehead Street, Key West d. Harvey Government Center @ Historic Truman School, 1200 Truman Avenue, Key West e. Public Service Building, 5100 College Road, Stock Island, Key West f. Judicial Panic Hardware System, Monroe County Courthouse Annex, 502 Whitehead Street, Key West 2 . Work shall be performed in accordance with, documentation shall be provided pursuant to, Fire Protection Association Requirements. and all National 2.03 REPAIR AND MAINTENANCE 1. Repair and maintenance of alarm systems listed in article 2.01 and 2.02. The Contractor shall be available 24 hours per day, 365 days per year. The Contractor shall be at the site of an alarm system malfunction within three (3) hours of verbal notification by the Owner. 2. 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 48 hours of notification by the Owner. The OWNER shall reimburse the CONTRACTOR for the Manufacturer' s Invoice cost of all parts and materials, 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 for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. 3. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. 4 - Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 2 -2 SECTION THREE CONTRACT THIS 1999 part AGREEMENT, made and entered into the day of , by and between MONROE COUNTY, FLORID~arty of the first (hereinafter sometimes called the "Owner") , and party of the second part (hereinafter sometimes called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 SCOPE OF THE WORK The Contractor shall provide all labor, necessary to provide Alarm System Maintenance, and Monitoring, in accordance Contract Specifications entitled: tools, and equipment Annual Certification, wi th the Public Works Alarm System Annual Certification, Maintenance, and Monitoring Monroe County, Florida attached hereto and incorporated as part of this contract document. The Contractor shall provide all required documentation pursuant to National Fire Protection Association Requirements, and shall be on call twenty-four (24) hours per day, seven (7) days per week. 3.02 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: A. ALARM SYSTEM ANNUAL CERTIFICATION Upon receipt of Annual Certification for each alarm system, payment will be made within sixty (60) days after receipt of the Contractor's request for payment. Payment for Annual Certification shall be as stated in the Contractor's bid as follows: Dollars and Cents ($ ) per year. B. ALARM SYSTEM CENTRAL STATION MONITORING The County sha 11 pay to the Contractor for central station monitoring of alarm systems on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for monitoring services performed under the Specifications contained herein. The Contract amount shall be as stated in the Contractor's bid as follows: Dollars and Cents ( $ per month. 3-1 ~ C. ALARM SYSTEM MAINTENANCE AND REPAIR 1. The actual manufacturer's Invoice cost of parts and materials plus %, used by the Contractor to fulfill the obligations~the Contract. Manufacturer's Invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. 2. The cost of labor and equipment used by the Contractor to fulfill the obligations of the Contract. The labor and equipment costs will be calculated using the unit prices set forth in the CONTRACTOR'S bid as follows: A. - Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays $ per hour. B. Labor overtime rate for hours other than the normal working hours as stated in Article 3. 02C-2, in- cluding holidays - $ per hour. Such costs must be documented for each repair and/or maintenance job and included wi th all Applications for Payment. Payment for Alarm System Maintenance and Repair shall not exceed $10,000.00 per year. 3.03 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and sui table ones for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor (and his Surety, if applicable). B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of tQis Contract, and Speci f ications covering said work. Failure on the part of the Contractor, immediately after Notice to cor- rect workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such 3-2 replacement and/or repair from the Contractor, who shall in any event be liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifica- tions. 3.04 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) ing on September 19, 1999 and terminating on 2000. year, commenc- September 18, B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract agreement amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. 3.05 HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCSl, at- tached hereto and incorporated as part of this contract document. 3.06 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Con- tractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.07 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 3.08 ASSIGNMENT/SUBCONTRACT The Contractor shall not ass ign or subcontract this agreement, except in writing and with the prior written approval of the Board 3-1 -: of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the contractor. 3.09 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall enti tIe the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 3.10 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WCl, GLl, VLl, GIRl & GIR2, each attached hereto and incorporated as part of this contract document. 3.11 FUNDING AVAILABILITY Notwithstanding anything contained elsewhere in this contract, if funds for Facili ties Maintenance Contractual Services are partially reduced by the Board of County Commissioners or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination deli vered in person or by mail to the contractor. The Board of County Commissioners shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 3-4 .... ''"' 3.12 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in the Public Works Manual entitled "Public Works Specification Manual/Alarm System Annual Certification, Alarm System Mainte- nance, and Alarm System Central Station Monitoring", which is attached hereto and incorporated herein as a part of this con- tract/agreement. The Contractor shall at all times exercise inde- pendent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.13 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 Public Works Facilities Maintenance Dept. 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR The notice will be considered received by a party two after its receipt by the postal authorities of the delivery to either address in this article. ( 2 ) U.S. days for 3.14 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 3.15 GOVERNING LAWS This Agreement is governed by the laws of the State of F1origa. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. 3-5 IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract* Attest: DANNY L. KOLHAGE, Clerk COUNTY OF MONROE, STATE OF FLORIDA Clerk DATE By Mayor/Chairman DATE Attest: (Company Name) WITNESS By WITNESS 3-() RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL General Insurance Requirements for Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made pal1 of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been flJrnished to the County as specified below Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced 011 the specified date and time, except for the Contractor's failure to provide satisfactory evidence The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance or · A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a cel1ified copy of any or all insurance policies required by this contract All insurance policies must specify that they are not subject to cancellation, non-renewal,' material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. CIR-I The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe COllnty Risk Management. (;m-2 MONROE COlJNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverages marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in ihe place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS'L1ABILlTY WC1 WC2 WC3 WCUSLH --~- -1___ Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,000/$100,000 $500,000/$500,000/$500,000 $1,000,000/$1,000,000/$1,000,000 Same as Employers' Liability Same as Employers' Liability WCJA INSCKLST-I GENERAL LIABILITY As a minimum, the required general liability coverages will include: · Premises Operations · Blanket Contractual · Expanded Definition of Property Damage . Products and Completed Operations Personal Injury . Required Limits GLl x . $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit GL2 $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit GL3 $500,000 per Person; $1,000,000 per Occurrence $100.000 Propel1y Damage or $1,000,000 Combined Single Limit GIA $5,000,000 Combined Single Limit Required Endorsement: GLXCU Underground, Explosion and Collapse (XCU) Liquor Liability GLLlQ GLS Security Services All endorsements are required to have the same limits as the basic policy. INSCKLST-2 ..- ... VEHICLE LIABILITY As a minimum, coverage should extend to liability for: Required Limits · Owned, Non-owned; and Hired Vehicles VLI _"I _._ $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit VL2 $100,000 per Person~ $300,000 per Occurrence $50,000 Propel1y Damage or $100,000 Combined Single Limit VL3 $500,000 per Person~ $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VIA $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BRI Builders' MVC Limits equal to the Motor Truck Limits equal to the maximum PROI PR02 PR03 POLl POL2 POL3 Professional Liabil ity Pollution Liability EDI ED2 Employee Dishonesty GKI GK2 GK3 Garage Keepers $ 250,000 per Occurrencel$ 500,000 Agg. $ 500,000 per Occurrencel$1 ,000,000 Agg. $1,000,000 per Occurrence/$2,000,000 Agg $ 500,000 per Occurrence/$] ,000,000 Agg $1,000,000 per Occurrence/$2,000,000 Agg $5,000,000 per Occurrence/$I 0,000,000 Agg $ 10,000 $100,000 $ 300,000 ($ 25,000 per Veh) $ 500,000 ($100,000 per Veh) $1,000,000 ($250,000 per Veh) INSCKLST-3 MEDl MED2 MED3 MED4 IF VLPI VLP2 VLP3 BLL HKLI HKL2 HKL3 AIRI AIR2 AIR3 AEOI 500,000 Agg AE02 Occurrencel$1 ,50o~600 Agg AEOJ Occurrencel$3,OOO,OOO Agg EOt 500,000 Agg. E02 Occurrence/$t ,o06}){)0 Agg E03 Occurrence/$3,060,000 Agg. Medical Professional Installation Floater Hazardous Cargo Transp0l1er Bailee Liab Hangarkeepers Liability Aircraft Liability Architects Errors & Omissions Engineers Errors & Omissions I NSCKLST-4 $ 250,0001$ 750,000 Agg. $ 500,000/$ 1,000,000 Agg. $1,000,0001$ 3,000,000 Agg. $5,000,0001$10,000,000 Agg. Maximum value of Equipment Installed $ 300,000 (Requires MCS-90) $ 500,000 (Requires MCS-90) $1,000,000 (Requires MCS-90) Maximum Value of Property $ 300,000 $ 500,000 $ 1,000,000 $ 1,000,000 $ 5,000,000 $50,000,000 $ 250,000 per Occurrence/$ $ 500,000 per $ 1,000,000 per $ 250,000 per Occurrence/$ $ 500,000 per $ t ,000,000 per INSURANCE_AGENTS STATEMENT I have reviewed the above requirements with the bidder named below The following deductibles apply to the cOlTesponding policy POLICY DEDUCTIBLES ------- -------_.~~"._--~--._- Liability policies are __ Occurrence Claims Made -~~----_.__._._---- -----~_._--_._--_.- Insurance Agency Signature I)JJ~I:>~RS SIA T~Jy1J~N'r I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements -----------.--..------------ - -~'- - -------._- Bidder Signature INSCKLST-5 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability - · Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $100,000 per Person $300,000 per Occurrence $ 50,000 Propel1y Damage An Occurrence Form policy is preferred If coverage is provided on a Claims Made policy, its provisions should include coverage for claims tiled on or after the effective date of this contract In addition, thc period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County Thc Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above rcquirements GLI VEHICLE LIABILITY INSURANCE REQlJIREMENTS FOR CONTRACT BETWEEN MONROE COlJNTY, FLORIDA AND Recognizing that the work governed by this contract requires the usc of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimu~m, liability coverage for ~ · Owned, Non-Owned, and Hired Vehicles The minimum limits acccptablc shall be $100,000 Combincd Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all polic'ics issued to satisfy thc above requirements VLI ",,' WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440 In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract Coverage shall be provided by a company or companies authorized to transact business in the state of Florida If the Contractor has bcen approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status The Contractor may bc required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. wet -'" MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including propel1y owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agcnts In the event 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 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 TCS "" '. MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements II is requcstcd that (hc insurancc rcquircmcnls. as spccificd In thc Counly's Schcdule of Insurance Rcquircmcnts. bc waivcd or modificd on (hc following contract. Conlrdctor: Contrdct for: Addrcss of Contrdctor: Phonc: Scopc of Work: Rcason for Waivcr Policics Waivcr will apply to Signaturc of Contraclor: Approvcd NOI Approved Risk Managcmcnt Datc County Adminislrator appcal Approvcd: Nol Approvcd: Datc: Board of County Commissioners appeal: Approvcd: Not Approvcd Meeting Dale SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE --~---------- ----~_______ warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No 1()-199() For breach or violation of this provision the County may. in its discretion. terminate this contract without liability and may also. in its discretion, deduct from the contract or purchase price. or otherwise recover. the full amount of any fcc, commission, percentage. gift. or consideration paid to the fonner County officer or employee. (signaturc) Date: STATE OF ---~~--_. COUNTY OF PERSONALLY APPEARED BEFORE ME. the undersigncd authority, who. after first being sworn by me, affixed his/her signature (name of individual sIgning) in the space provided above on this day of 19 ------------------_._-._----_._---~-- NOTARY PUBLIC My commission expires OMB - MCP FORM #4 -: ..- .. DRUG-FREE WORKPLACE FORM Thc undcrsigncd vcndor in accordancc with Florida Statutc 287.087 hcrcby ccrtifies that: (Namc of Busincss) I Publish a statcmcnt noti(ving cmployccs that thc unlawful manufacturc. distribution. dispcnsing. posscssion. or usc of a controllcd substancc is prohibitcd in thc workplacc and spccifying thc actions that will bc taken against cmployces for violations of such prohibition. 2. Inform cmployccs about thc dangers of drug abuse in thc workplacc. thc busincss's policy of maintaining a drug-free workplacc. any available drug counseling. rchabilitation. and cmploycc assistancc programs. and the penal!ies that may bc imposed upon cmployccs for drug abusc violations. .1. Give each cmployee cngaged in providing Ihc commodities or contractual scrviccs that arc undcr bid a copy of the statcmcnt spccified in subscction (]). 4. ]n thc statement speeified in subscction (I). noti(v Ihe employees that. as;1 condition of working on thc commoditics or contractual scrvices that arc undcr bid. the cmployce will abide by thc tcrms of thc statement and will notify thc employer of any conviction of. or plea of guilty or nolo contcndcrc to. any violation of Chapter 89.1 (Florida Statutes) or of any controlled substancc law of thc Unitcd States or any statc. for a violation occurring in the workplace no laler Ihan five (5) days aftcr such conviction, 5. Imposc a sanction on. or require thc satisfaclory parlicipation in a drug abuse assistancc or rchabilitation program if such is available in thc cmployec's community. or any cmployee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implcmcntation of this section. As the pcrson authorizcd to sign the statemcnt. I ccrti(v that this firm complics fully with thc above requirements. Biddcr's Signaturc Datc NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that; 1) I am Proposal for the project described as follows: , the bidder making the 2) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 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