Item C17County of Monroe
A
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
The Florida. Key
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Mayor Pro Tem David Rice, District 4
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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.
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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
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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)
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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
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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
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AGREEMENT 1 -6 January 20
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-
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
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AGREEMENT
1 -7
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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
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Signature
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By:
Mayor
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Print Name and Title
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Telephone Number
WNROE COUNYY ATTORh l'8 OFFICE
M V �E D A S
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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
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Barnes
IFSS
Hy -Tech
Rorida Keys Fire Protection
Check Bectric
Max Points
Prices
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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
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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
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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: