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Item C09BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19, 2012 Bulk Item: Yes x No Division: Public works Department: Facilities Maintenance Staff Contact Person: Dent Pierce, 292-4560 AGENDA ITEM WORDING: Approval to amend the contract with Barnes Alarms, Inc. for fire and panic alarm system annual certification, maintenance and monitoring, to include three Monroe County Fire Station locations. ITEM BACKGROUND: Monroe County Fire Station #9 (Big Coppitt) recently put in a work order for fire alarm service as the fire alarm was disabled and creating a safety situation. It was found that along with Fire Station #9, Fire Station #7 (Key West International Airport), Fire Station #13 (Big Pine), and Fire Station #22 (Tavernier) all four had fire alarm systems which had not been inspected for several years. The Fire Marshall has requested that all fire stations with fire alarms be brought up to date and inspected annually. Fire Station #9, Fire Station #13 and Fire Station #22 need to be added to the current fire/panic alarm contract with Barnes; Fire Station #7located at the Key West International Airport is being deactivated and incorporated into the airport's existing fire alarm system. PREVIOUS RELEVANT BOCC ACTION: On August 20, 2008 the BOCC awarded bid and approved executing a contract; on June 16, 2010 the BOCC approved a contract amendment. On July 20, 2011, the BOCC approved exercising the first option to renew; on September 21, 2011, the BOCC approved an amendment correcting annual inspection amount for the J. Lancelot Lester Building and Records Storage. CONTRACT/AGREEMENT CHANGES: Add three (3) fire station locations (Big Coppitt, Big Pine and Tavernier) to contract. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $36,440 + INDIRECT COST: Repairs/additional services: Regular $76.2 1 /hr., OT $114.31 Parts: Manufacturers cost plus 25% DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: same BUDGETED: Yes No SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X OUNT PER MONTH Year PJIx- An i- APPROVED BY: County Atty/, L-I'ly OMB/Purcrasing Risk Management ► 7 DOCUMENTATION: Inclu ed X Not Required DISPOSITION: Revised 7/09 AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Barnes' Alarm Systems Contract # Effective Date: Upon approval Expiration Date: 08/31/12 Contract Purpose/Description: Contract Amendment to add three fire station locations -Fire and Panic Alarm system annual certification, maintenance, and monitoring t Contract Manager: Alice Steryou 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 01/19/12 Agenda Deadline: 01/03/12 CONTRACT COSTS Total Dollar Value of Contract: $ 36,440 + Current Year Portion: $ 30,000.00 repairsladdl approx CL]1"[77!'LIC Budgeted? YesM No F-1 Account Codes: 001-20501-530-340- Grant: $ N/A 101-20505-530-340- County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed E Re 'ewer Division Director j� (1 Yes❑ No� I L Zf Risk Manageme t � Yes No' O.M.B./Purcsing �� YesO No❑V� �� County Attorney YesO NoD9 Comments: OMB Form Revised 2/27/01 MCP #2 THIRD AGREEMENT AMENDMENT PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA THIS THIRD AGREEMENT AMENDMENT, hereinafter "Amendment" is made and entered into this day of 2012, between MONROE COUNTY (hereinafter "County" or `'Owner''), a political subdivision of the State of Florida, whose address is 1 100 Simonton Street, Key west Florida, 33040 and BARNES ALARM SYSTEMS, INC. ("'CONTRACTOR"), a Florida corporation, whose address is 3201 Flagler Avenue, Suite 503, Key west, Florida 33040. WHEREAS, the parties hereto did on August 20, 2008, enter in to an agreement for panic and fire alarm. system annual certification, maintenance and monitoring services for Monroe County (hereinafter "Original Agreement"); and WHEREAS, on June 16, 2010, the parties hereto did amend this agreement to add services, clarify language. and made the contract scope; and WHEREAS, on July 20, 2011, the parties hereto did exercise the first option to renew this agreement; and WHEREAS, on September 21, 2011 the parties hereto did amend the annual inspection amount of the J. Lancelot Lester Building and Records Storage annual inspection; and WHEREAS, Monroe County Fire Stations requiring annual inspections need to be added as follows: Station 9 — Big Coppitt; Station 13 — Big Pine; Station 22 — Tavernier; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties finch that it -would be mutually beneficial to enter into this third agreement amendment; now therefore NOW THEREFORE, fN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The schedule for the fire system rates is amended to read as follows: ANNUAL FIRE SYSTEM INSPECTION MONTHLY CONTROL AMOUNT MONITOR BUILDING LOCATION PANEL MODEL # including any AMOUNT ; possible r overtime) Key West Courthouse 500 Whitehead St., Key west Simplex 4100 $ 914.41 $ 25.41 � Judicial Workout Room 502 Whitehead St., Key west FireLite MP-24 S 228.61 � (formerly Juvenile Detention) Sheriff Civil Division 500 Whitehead St. Key Nest I Faraday Firewatch 11 $ 2 8.61 J. Lancelot Lester Building, & Whitehead St. Bey 'West Notifier AFP--200 $ l 2 5.4 l Records Storage530 ,828.83 E Notif er — ' i Intelligent i Freeman Justice Center .3 10 Fleming St. Key West Fire AFP-200 S 716..�0 $ 25.41 Defection & wICBC Alarm System Bayshore Manor 5200 Colleore Road, Stock Notif er ' Island System 500 S 457.21 $ 25.41 11 Monroe County Fire Station #8 Stock Island Firelite MS-5024 $ 228.61 May Hill Russell Library 700 Fleming St. Key West Notifi er SFP 400B $ 3 04.81 1 $ 25.41 11 LG.ato Building 1100 Simonton St, Key Test Simplex 4010 $ 609.61 $ 25.41 Gato Elevator 1100 Simonton St, Key West S 25.41 { Harvey Government Center 1200 Truman Ave, Key west Simplex 4100 $ 9l 4.41 i $ 25,41 ANNUAL FIRE SYSTEM INSPECTION MONTHLY CONTROL AMOUNT MONITOR BUILDING LOCATION PANEL� MODEL # an including � Y AMOUNT possible overtime Monroe County Fire Station #9 28 Emerald Dr, Big Coppitt Honeywell SFP-5VD S 304.84 Big Pine Ke Library y 231 Key Deer Blvd. Big Pine Faraday Firewatch $) 81.01 Key II 2 Monroe County Fire Station # 13 390 Key Deer Blvd, Big Pine Quick Start $ 495.37 Key Big Pine Key Park 29001 Atlantic, Big Pine Key $ 609.61 $ 25.41 Marathon Government Cntr 2798 Overseas Hiv'4ry, Marathon I Faraday WC-2000 I S 914.41 Marathon Government Anx 490 633"d Street, Marathon FireLite MS-4024 $ 457.21 F Marathon Detention Facility 3981 Ocean Terrace, Marathon FireLite Miniscan S457.21 4024 e Marathon Sheriff's Hangar and Marathon Airport Fire Station 416 10 t 00 Overseas Hwy, Marathon Honeywell hFS-320 $ 457.21 Marathon Courthouse 3117 Overseas Hwy, Marathon Notif er SFP 400B S 533.41 George Dolezal Library 3251 Overseas Hwy, Marathon Simplex 2001-4431 $ 457.21 Ruth Ivins Center, Health Dept. 3333 Overseas H%%ry, Marathon. Edwards 1500 Series $ 457.21 Medical Examiner 56639 Overseas Hwy. Crawl Simplex 40 0 FACP ,,,� S S 25.41 Key GrinneI _3'.41 Ellis Building 88800 Overseas Highway, P.K. FireLite MP-24 $ 609.61 Plantation Key Courthouse Higlipint Road, PK FireLite MP-24 S 914.41. Plantation Key Detention 53 Flighpoint Road, PK FireLite MS-9200 $ 762.01 Facility. Islamorada Library MM 81.5., tslamorada Fire rite W-4424h $ 609.61 M.. E. Nelson Government and 102050 Overseas Highway, Siemens Cultural Center Kev Largo $ I,? 1 g.00 S 25.41 Roth Building 50 Flighpoint Rd, Tavernier Edwards EST--2 $ 914.41 $ 25.41 i Monroe County Fire Station 422 151 Marine Ave, Tavernier Notifier NFW2- 100 S 609.68 � Key Largo Library 101485 Overseas Highway, FireLite MS-5024 $ 609.61 S 25.41 Tradewinds Shopping in Plaza j 2. Except as set forth in Item I of this Third Agreement Amendment, in all other respects, the terms and conditions set forth in the Original Agreement, as amended and renewed, remain in full force and effect. IN 'WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first %vritten above. (SEAL) ATTEST: DANNY L. KOLHAOE, CLERK By Deputy Clerk Date -Hess � f ine s DategA / BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA a Mayor BARNES ARM SN STEMS, [NC. ilf J Title 0 NE PR ED A AVsi r 1 i`1 i) 7 Date_- SECOND AGREEMENT AMENDMENT PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA THIS S COND O REEM ENT AMENDMENT, hereinafter "Amendment" is made and entered into this 4-daydl of 1& , 2011, between MONROE COUNTY (hereinafter "-;County'' or "Owner'"), a pol itical subdivis on of the Mate of Florida, whose address is l 100 Simonton Street Ike west s y Florida, 33040 and BARNES ALARM SYSTEMS, INC. ("CONTRACTOR"), a Florida corporation, whose address is 3201 Fla ler Avenue, Suite 503, Key west, Florida 33040, WHEREAS, the parties hereto did on August 20, 2008, enter in to an agreement for panic and fire alarm system annual certifcalion, maintenance and monitoring services for Monroe County(hereinafter "Ori inal Agreement"); and g WHEREAS, on August 10, 20I41 the parties hereto did amend this agreement to add services, clarify language, and made the contract scope; and WHEREAS, on ,July 20, 2011, the parties hereto did exercise the first option to renew this agreement; and WHEREAS, when the contract amounts were adjusted by 1.5%, the December 31, 2010 U.S. Department of Commerce Consumer Price Index (CPI.U) for all Urban Consumers p as reported by the U.S. Bureau of Labor Statistics CPI-U. the annual inspection amount for the J. Lancelot Lester Building & Records Storage fire alarm system was listed as $1,527.81, but it should have been $1,828.83; and g WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this first renewal agreement; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below the parties agree as follows: ' 1. The schedule for the fire system rates is amended to read as fellows: ANNUAL FIRE SYSTEM INSPECTION CONTROLMODEL AMOUNT MONTHLY MONITORBUI LIKING LOCATION PANEL # I�cln[IiR (including any AMOUNT passible Key west Courthouse 500 whltehead St., Key West Simplex 41 overtime) $ 14,41 1 Judicial workout Room formed Juvenile Detention} 502 Whitehead St., Key 'Nest FireLite MP-24 $ 228.E1 Sheriff Civil Division 500 Whitehead St. KeyWest Faradgy Firewatch II $ 229.61 J. Lancelot Lester Building, & Records Story a 530 Whitehead St. Key west . Not�fier AFP- 00 $1,828.83 $ 25.41 Freeman Justice Center 310 Flem ling Street, Key Notified AFP- west 200 — Intelligent Fire AFP-200 wlB $ 7 I 6.3 0 $ 25.41 Detection & A 1 arm System Bayshvre Manor 5?00 Co I-lege Road, Stack Notifter System 500 I s land $ 45 7.21 $ 25.4 I Monroe County Fire Station Stock Island Firelite ms� 5024 #8 $ 228.E 1 May H i II Russel I Li bKLrL. 700 Fleming St. Key Wiest Notif er SFP 400E $ 304.81 $ 25.41 Gato Building I 100 Simonton St, Kcy west Simplex 4010 $ 609.61 $ 25.41 Gate Elevator I 1100 Simonton St, Key west4 1 $ Harve Government Center 1?00 Truman Avenue, Key Sim lex _1.. 4100 9 t4a4-1 .25.41 5,41 ANNUAL FIRE SYSTEM INSPECTION CONTROL MONTHLY MLY MONITOR BUILDING LOCATION PANEL MODE L # (including � g any AMOUNT overtirrie West Big Pine ley Library 231 Key Deer Blvd, Big Pine Faraday Firewatch � 3$ l 1 Ke II+2 .� Big Pine Key Park 29001 Atlantic, Big -pine Key $ 609.E 1 $ 25.41 Marathon Government Cntr 2795 Overseas. Hwy, Marathon Faraday NlPC-2000 $ 14.41 Marathon Government Anx 490 63 Street, Marathon FireLite MS4024 $ 457.21 Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan M. arathon 4024 $ 457.21 Marathon Sheriff's Hangar Marathon Airport EST Quick Start $ 457.21 Marathon Courthouse 3117 Overseas Hwy, Notifer SFP 400B Marathon $ 533.41 George Dolezal Library 3251 Overseas Hwy, Simplex 2001-4431 Marathon $ 457.21 Ruth Ivins Center, Health 3333 Overseas Hwy, Edwards 1500 Series. Dept. Marathon $ 457.21 Medical Examiner S6639 Overseas Hwy, Crawl Simplex 4010 FACP ,-Key GrinneI $ 533.41 $ 25-41 Ellis Building 8$800 Overseas Highway, FireLite MP-24 P.K. $ 609.61 Plantation Key Courthouse Highpoint Road, Plantation FireLite MP-24 Key $ 914AI Plantation Key Detention 53 Highpoint Road, FireLite MS-9200 Facili . Plantation Ke $ 762.01 Islamorada Libm MM S 1.5, Islarnorada Fire Lite MS-4424b $ b09-61 M. E. Nelson Government 102050 Overseas Highway, Siemens and Cultural Venter Key Largo $ 12218.00 $ 25.41 Roth Building 50 Highpoint Road, Edwards EST-2 Tavernier $ 914.41 $ 25.41 Key largo Library 101485 Overseas Highway, FireLite MS--5024 Tradewinds Shopping Plaza $0•G 1 $ 25.41 2. Except as set forth in Item l of this Second Agreement Amendment, in all other respects, the terms and conditions set forth in the Original Agreement as amended and renewed, remain in full farce and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and sealy , the. day and year first written above. (SEAL) ATT�T: DANNY L. KOLHAGE, CLERK rr L)i I. r BF L4C. R Deputy -Clerk Date :? fitness r �� Witness Date&/.-;2 u f BOARD OF COUNTY COMMISSIONERS OF MONROE CdUNTX„FLORIDA rA yor,fIeiVher Carruthers f BARNES M S)e INC. By Title, Y COU A O EY iWNA0 P E � - PEDRO J. MERCADO_,-, ANT ORN Y FIRST RENEWAL AGREEMENT PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATION. [MAINTENANCE AND MONITORING MONROE COUNTY, FL,OR1DA THIS hereinafter Amendment is made and entered into this , day of w011, between MONROE COUNTY (hereinafter "County" or "*Owner""), a political subdivisio oft State of Florida, whose address is 1100 Simonton Street, Key west Florida, 33040 and BARNES ALARM SYSTEMS, INC. ("'CONTRACTOR"), a Florida corporation. whose address is 3201 Flagler Avenue, Suite 503, Key west, Florida 33040. WHERE -AS. the parties hereto did on A uE,Ltst 20, '' 00$, eater in to an agreement for panic and fire alann system annual certification. maintenance and monitoring services for Mona- County (hereinafter -Original Agreement"):, and WHEREAS, on August 10, 2010, the parties hereto did attend this agreement to add services, clarify language, and made the contract scope; and WHEREAS. the parties have fUund the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be rntitually beneficial to enter into this first renewal agreement; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows. - In accordance with Paragraph 5 of the Original Agreement: a. The County exercises the first of the two (2) one-year renewal options to renew the Original Agreement. The contract term will commence September li 2011 and terminate on August 31, 2012. b. The contract amount is adjusted 1.5% in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI -1 J ) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and based upon the CPI-U computation at December 31 of the previous year as follows: ANNUAL FIRE SYSTEM INSPECTION MONTHLY CONTROL AMOUNT MONITOR BUILDING LOCATION PANEL I�€I�EL # (including any AMOUNT possible overtime Key West Courthouse 500 Whitehead St., Ivey west Simplex 4100 $ 914.41 $ 25.41 Judicial Workout Room (formerly Juvenile Detention} 502 '4Nhit'ehead St., 1�e west y FireLite MP--�� $ 228.61 Sheriff Civil Division 500 Whitehead St. Key west Farads Firewatch I1 $ 228.61 J. Lancelot Lester Building. & Records Storage 530 Whitehead St. Key west Y Notifier AFP-.Q� $1,$ 7.$1 � $ �.5.41 Freeman Justice Venter 310 Flem i ng Street, Rey Not i f icd A F P- w est 200 - Intelligent Fire A FP-200 $ 7 l f $ ?5.41 Detection & w1CBC .30 Alarm System -I- ANNUAL FIRE SYSTEM INSPECTION MONTH LY CONTROL AMOUNT MONITOR LOCATION PANEL # ("Including any . AMOUNT pvssilble overtime Bayshore Manor 5200 College Road, Stack Notifier System 500 Island $ 457.21 $ 25.41 Monroe County Fire Station Stock Island Firelite MS-5024 #8 $ 22)8.61 May kiil[ Russell Library 700 Fleming St. Key West Notifier SFP 400B $ 304.81 $ 25.41 Gato Building 1100 Simonton Street, Key S i n1plex 4010 $ 609.61 $ ? 5.41 West Cato Elevator 1100 Simonton Street, Key West $ ?5.41 Harney Government Center 1.00 Truman Avenue, key Simplex 4100 $ 914.4I $ 25.41 West Big Pine key Library 231 key Deer Blvd. Big Pine Faraday Firewatch $ 381.01 Key11+2 Big Pinc Key Park 29001 Atlantic, Big Pine key $ 609.61 $ 25.41 Marathon Government Cntr 2798 Overseas Hwy, Faraday MPC-2000 $ 914.41 Marathon Marathon Government Anx 490 63"0 Street, Marathon FireLite MS-4024 $ 457.21 Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan Marathon 4024 $ 457.21 Marathon Sheriffs Hangar Marathon Airport EST Quick Start $ 457.21 Marathon Courthouse 3117 Overseas Hwy, Notifier SFP 400E Marathon $ 533.41 George Dolezal Library 3251 Overseas Hwy. Simplex 120001-4431 Marathon $ 457,21 Ruth Ivins Center, Health 333:3 Overseas Hwy, Edwards 1500 Series $ 457'21 De t. Marathon Medical Examiner 56639 Overseas Hwy, Crawl Simplex 4010 FACP $ 533.41 $ 25.41 Key Grinnel Ellis Building 88800 Overseas Highway, FireLite MP-24 $ 609.61 P.I. Plantation ley Courthouse Highpoint Road, Plantation F irel.ite MP-24 Key $ 914.41 Plantation Key Detention 53 Highpoint Road. Fire[_ite MS-9200 Facility. Plantation Key $ 762.01 lslamorada Librag MM 81.5, Islamorada Fire Lite MS-4424b $ 609.61 M. E. Nelson Government 102050 Overseas Highway, Siemens and .Cultural Center KeyL o � $ 1.� [ 8.00 � $ .�5.41 Rath Building 50 Highpoint Road., Edwards EST-2 Tavernier $ 914.41 $ 25.41 Key Largo Library 101485 Overseas Highway, FireLite MS-5024 $ 609.61 $ 25.41 Tradewinds Shopping Plaza PANIC SVSTEM: ANNUAL INSPECTION MONTHLY M AN U FACT U RE R AMOUNT (including any MONITOR BUILrDINC LOCATION MODEL. # possible overtime AMOUNT KW Courthouse 502 Whitehead St.. Caretaker Plus Annex Key West $ 685.52 $ 25.41 Judicial Workout 502 Whitchead St., C"1 I Annex system Room Key West J. Lancelot Lester 530 Whitehead St. Building, & Records Key West Ctl Annex system Storage J. Lancelot Lester 530 Whitehead St. Building - district 3 key lest CH Annex system Commissioner Old Courthouse - 500 Whitehead St., District 1 key West CH Annex system Commissioner Old Courthouse - 500 Whitehead St., CH Annex system Traffic/Fines Key West Freeman Justice 310 Fleming Navarro - Ademcc Vista Center Street. Key West 128 FBP Panel(digital) $ 406.00 $ ?5.41 Freeman Justice 310 Fleming Honeywell 7845 GSMR Center Street, Key West (cellular) $ 15.23 Cato Building -- Social 1100 Simonton St., CADDX Services Key Nest $ 152.40 Cato Building - ?R 1100 Simonton St., INOVONICS floor Key West FA46D 64 $ 15?.40 Medical Examiner 56639 Ovcrseas Simplex Grinnel H w3l, Crawl Key 4010 FRCP $ 254.00 $ 25.41 Murray E. Nelson 102050 Overseas Building Highway, Key CA DDX $ 2054.40 $ 25.41 Lar o a. Labor -- Normal working hours of S:oa a.m. to $ 76.21 per hour S :00 p.m. Monday through Friday excluding holidays b. Labor -- Overtime rate for hours not stated above_ i ncl ud i ng $1 t 4.31 per hour holidays and for Facilities that conduct critical business such as Courthouses.. Tax Collectors offices, and all others identified by the Facilities Maintenance Director in the Specifications c.. Manufacturers invoice cost of parts and rnaterials Cost f 25% Note: There are no additional costs for travel, mileage, meals. or lodging. The Con tractor" s request for pay anent must i ternize each of the costs stated above. ?. Except as set forth in paragraph l of this First Renewal Agreement, in all other respects. the teritts and conditions set forth in the Original Agreement, as amended. remain in full force and effect. 1" 11 a dJH r-WITNESS WHEREOF. the parties have hmLltlto set their Rands and seal, the day and year first BOARD OF COUNTY COMMISSIONERS iLi ANNY L. KOLHAGE, CLERK OF MONROE COUN Y. 1=LORIDA Rv r Date ! it P wirss Date BARES A M SY MS, INC. B Y f' r L Title WE CONTRACT AMENDMENT PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA HIS AMENDMENT hereinafter "Amendment" is made and entered into this day of 2010, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the tate -of Florida, whose address is 1100 Simonton Street, Key West Fl., 33040 and BARNES ALARM SYSTEMS, INC. ("CONTRACTOR"), a Florida corporation, whose address is 3201 Flagler Avenue, Suite 503, Ivey West, FL 33040. WHEREAS, the parties hereto did on August 20, 2005, did enter in to an agreement for panic and fire alarm system annual certification, maintenance and monitoring services for Monroe County (hereinafter "Original Agreement"); and WHEREAS, under Item 2, Scope of Work, Section D, Additional Services, a provision needs to be added to include the Key West Airport security gates and possible unanticipated miscellaneous work; and WHEREAS, clarify language in Item 2, Scope of Work, Section E, Major Component Failure or System Breakdown; and WHEREAS, under Item 3, Contract Amount, building and amounts need to be added under Fire System to include the Gato elevator, Big Pine Park location and amounts, Freeman Justice Center annual inspection amount, Murray E. Nelson Government and Cultural Center locations and amounts that had not been completed at the time of contract; to delete the Ellis Building Traffic, Supervisor of Elections, Social Services, and Planning locations from Panic System inspection and monitoring; and WHEREAS, Item 4, Payments to Contractor, Section C, needs to be clarified; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, both parties desire to amend the Original Agreement; now therefore IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Item 2, SCOPE OF WORK, Section D, ADDITIONAL SERVICES, of the Original Agreement is amended to read as follows: "Additional services include, but are not limited to, electronic door lock system installation and/or repair, horn/strobe installation and/or repair, Ivey West International and Marathon Airports security gates and any unanticipated miscellaneous work on the airport property, or any other work, expense or equipment necessary for safety -related issues at County facilities, and CCTV service. Also, when requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract." 2. Item ' 2, SCOPE OF WORK, Section E. MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN, of the Original Agreement is amended to read as follows: "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 Dollars ($5,000). Any proposal over $5,000 up to and including $10,000 must be approved and signed by the Division Director and/or the County Administrator. Any proposal over $10,000 up to and including $25,000 must be approved and signed by the Division Director and the County Administrator." _t_ 3. Item 3, CONTRACT AMOUNT of the Original Agreement is amended to add locations and amounts to read as follows: . 3. CONTRACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: ANNUAL FIRE SYSTEM: INSPECTION MONTHLY CONTROL MODEL # AMOUNT MONITOR BUILDING LOCATION PANEL (including any AMOUNT possible overtime Key_West Courthouse 500 Whitehead St., Key West Simplex 4100 $ 900.90 $ 25.03 Judicial Workout Room 502 Whitehead St., Key West FireLite Mp-24 $ 225.23 formerl Juvenile Detention Sheriff Civil Division 500 Whitehead St. Ke West Faraday Firewatch 11 $ 225.23 J. Lancelot Lester Building, 530 Whitehead St. KeyWest Notifier AFP-200 $ 1,801.80 $ 25.03 & Records Storage Freeman Justice Center 310 Fleming Street, Key West Notified AFP- $ 705.71 $ 25.03 200 - AFP-200 Intelligent Fire w/CBC Detection & Alarm S stem Ba shore Manor 5200 College Road, Stock Island Notifier System 500 $ 450.45 $ 25.03 Monroe County Fire Station Stock Island Firelite MS-5024 $ 225.23 #8 May Hill Russell Library 700 Flemin St. Key West Notifier SFP 400E $ 300.30 $ 25.03 Gato Building 1100 Simonton Street, Key West simplex 4010 $ 600.60 $ 25.03 Gato Elevator 1100 Simonton Street, Key West $ $ 25.03 Harvey Government Center 1200 Truman Avenue, Key West Sun lex 4100 $ 900.90 $ 25.03 Big Pine Key Library 231 Key Deer Blvd. Big Pine Key Faraday Firewatch rr+2 $ 375.38 Big Pine KeyPark 29001 Atlantic, B ig Pine Ke $ 600.60 $ 25.03 Marathon Government Cntr 2798 overseas H , Marathon Farads MPC-2000 $ 900.90 Marathon Government Anx 490 63ra Street, Marathon FireLite MS-4024 $ 450.45 Marathon Detention Facility 3981 Ocean Terrace, Marathon FireLite Miniscan $ 450.45 4024 Marathon Sheriffs Hangar Marathon Airport EST Quick Start $ 450.45 Marathon Courthouse 3117 overseas H , Marathon Notifier SFP 400B $ 525.53 Geor a Dolezal Library 3251 overseas Hwy, Marathon Simplex 2001-4431 $ 450.45 Ruth Ivies Center, Health 3333 Overseas Hwy, Marathon Edwards 1500 Series $ 450.45 Dept. Medical Examiner 56639 overseas Hwy, Crawl Key Simplex Grinnel 4010 FACP $ 525.53 $ 25.03 Ellis Building 88800 overseas Hi wa , P.K. FireLite MP-24 $ 600.60 Plantation Key Courthouse Hi int Road, Plantation !Ley FireLite MP-24 $ 900.90 Plantation Key Detention 53 Highpoint Road, Plantation FireLite MS-9200 $ 750.75 Facility. Key IslamoradaLibrary MM 81.5, Islamorada Fire Lite MS-4424b $ 600.60 M. E. Nelson Government 102050 overseas Highway, Key Siemens $ 1,200.00 $ 25.03 and Cultural Center Largo Edwards EST-2 $ 900.90 $ 25.03 Roth Build* 50 Highpoint Road, Tavernier Key Largo Library 101485 Overseas Highway, FireLite MS-5024 $ 640'60 $ 25.03 Tradewinds Shopping Plaza -2- PANIC SYSTEM: ANNUAL INSPECTION MONTHLY MANUFACTURER AMOUNT (including any MONITOR BUILDING LOCATION MODEL # possible overtime AMOUNT KW Courthouse Annex 502 Whitehead St., Caretaker Plus $ 675.68 $ 25.03 K West ■ ■ Judicial Workout Room •- 502 WSt.,, hrtehead CH Annex -,4.:y^.F �y.� •s.. ice K_.. 'F�R':C.::. -::.•. Key West 530 Whitehead St -ter-i� s- •-�H-t`�:�4' J. Lancelot Lester . Building, &Record Key West CH Annex system Storage 530 Whitehead St. CH Annex system' g- ' ii•e. -- •� - r A;T fie..: ice:-• J. Lancelot Lester • Building - District 3 Commissioner Key West 500 Whitehead St., '' •fir `.3: Old Courthouse - District I Commissioner Kg West 500 Whitehead St.,. CH Annex system CH Annex system y Old Courthouse Traffic/Fines KeyWest Y: Freeman Justice Center 310 Fleming Street, Navarro - Ademco Vista Ke West 128 FBP Panel di ital $ 400'a0 $ 25.03 Freeman Justice Center Fleming Honeywell 7845 GSMR r ].:.'' i "e'1-' "gin: - x•• :-::• x- Y: . KSX West cellular � ::�"y.� -� .;...:�: ,w_ :.�:u�:-�•:;�_.�:; :-.: - Gato Building Social 1100 Simonton St. CADDX Services KeyWest $ 150.15 nd Gato Building — 2 floor 1100 Sim onion St., INOVONICS 150 15 ;= Key West FA46D 64 Medical Examiner 56639 Overseas Simplex Grinnel Hwy, , Crawl Key 4010 FRCP $ 250.25 $ 25.03 Murray E. Nelson 102050 Overseas Building Highway, Key CADDX $ 250.25 $ 25.03 Lar o a. Labor — Normal working hours of 8:00 a.m. to $ 75:08 per hour 5:00 p.m. Monday through Friday excluding holidays b. Labor — Overtime rate for hours not stated above, including $112.62 per hour holidays and for facilities that conduct critical business such as Courthouses, Tax Collector's offices, and all others identified by the Facilities Maintenance Director in the Specifications c. Manufacturers invoice cost of parts and materials Cost + 25% 4. Item 4, PAYMENTS TO CONTRACTOR, Section C of the original agreement is amended to read: "CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR and approval by the on -site COUNTY representative. 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." 5. In all other respects, the original agreement dated August 20, 2008 remains in full force and effect. -3- above. IN WITNESS % OF, the parties have hereunto set their hands and seal,. the day and year first written Il (SEAL) ATTE • DANNY ' VOILA �xL1RK B= Deputy Clerk Date JUN 1 6 2010 Witness Witness Date 05- 7 ,1 0 BOARD OF COUNTY COMMISSIONERS OF MONROE COUN ORIDA By . df M or Sylvia J. Murphy _4.. r � �JI -AOL � � cr � M cj FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA AGREEMENT FOR PANIC AND FIRE ALARM SYSTEM ANNUAL CERTIFICATIOM MAINTENANCE AND MONITORING MONROE COUNTY9 FLORIDA This Agreement is made and entered into this s day of 20085, between MONROE COUNTY, FLORIDA C"COUNTV"), a political subdivision of the State of Florida, whose address is 11 00 Simonton Street, Key west; Florida 33040, and BARNES ALARM SYSTEMS,, INC. ("CONTRACTOW"), a Florida corporation, whose address is 3201 Flagl.er Avenue, Suite 503, Key West, FL 33040. WHEREAS, COUNTY desires to provide panic and fire alarm system annual certification,1naxntenance and monitoring services for Monroe County, and WHEREAS, CONTRACTOR desires and is able to provide panic and fire alarm system asinual certification, maintenance and monitoring services for Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide panic and fire alarm system annual certification., maintenance and monitoring services for Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows; 1. THE AGREEMIENT The Agreement consists of this document, the bid documents and the attached exhibits only. 2. SCOPE of THE WORK: A. To include all Fire Alarm maintenance and repairs, testing, annual inspections, and possible expansion of the system, if regtured R. To include all Panic Alarm Systems maintenance and repairs, testing, and . . certification at a minu um of twice a year or every six months C. REPAIRS (Fire and Panic Systems): i. Repair and maintenance for alarngr systems listed in Item 3, CONTRACT AMOUNT. The Contractor shall be available 24 hours per day, 365 days per year. The Conftwtor shall be at the site of an alarm system malfunction within two hours of verbal notification by the Owner. AGREEMENT 1 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL DERTIFICATIONs MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 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 4$ 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 or less percentage of list cost, (whichever the case may be) that are used in the repair of all County maintained alarm systems. Manufacturer's invoice exceeding $500.00 may be requested at the discretion of the Owner. in". All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. D+ ADDITIONAL SERVICES Additional servioes include, but are not limited to, electronic door lock system installation and/or repair, horn/strobe installation and/or repair, or any other equipment necessary for safety -related issues, and CCTVservice. Also, when requested by the County, the Contractor shall advise and reco 1 lend, in writing to the County, any needed improvements, and shall invoice the County at the fee schedule rates for labor as specified in the contract. E, MAJOR COMPONENT FAILURE OR SYSTEM BREA DONM 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 a proposal/quote far replacement equipment in an amount that could exceed Five Thousand Dollars ($5,000). Any proposal over $5,000 must be approved and signed by the Division Director and/or the County Administrator. 3. CQNT'RACT AMOUNT The County shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows; ANNUAL FIRE SYSTEM: INSPEC nGN CONTROL AMOUNT MONTHLY MONITOR BUIMING LOCATION PANEL MODEL MODEL# (including any g AMOUNT' passi ��e !Lex West Courthouse 500 whitehmd St., Key west suu Iex 4100 overtime $9UQ.DO $25.00 Judicial workout Room fam 1 J�tvenfle Detentian 502 Whitehead St., K west Fir L' FireLite W-24 $225.00 Sheriff Civil Division 500 Whitehead St, Ivey west Faraday Firewatch H $225.00 JJ.pLanceiot Lester Building & Records StorageY 530 Whitehead St. Ike Nest N other AFP-200 $1,$00.00 $25.00 AGREEMENT 2 MAY 2008 ' FIFE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATIONs MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA ANNUALL FARES S'�'El i0 INSPECTION CONTROL AMOUNT AMOUNT MONTHLY LOCATION PANED # ieeludln anyMONITORDLIiLDIN� � � AMOUNT - possible Freeman Justice Center 310 Fleming Street, Key west Notifled AFP- overtime $ S25.00 200 - Intelligent AFP-200 Fire Detection & w/CBC Marnm System Ba shore Manor 5200 CollegeRoad,Stock Island Notifier System 500 $450.04 $25.00 Monroe County Fire Station #8 Stock Island Firelite MS-5024 $225.00 May Hill Russell Lit 700 Fleming St. Key West Motif er SFP 400B $300.00 $25.00 Crato Building 1100 Simonton Street Ker blest Sim lax 4010 $600.00 $25.00 Harvey Government Center 1200 Truman Avenue,,Key West simplex 4100 $900.00 $25.00 Big Piave Key Library 231 Key Deer Blvd. Big Pine Key Faraday Firewatch $375.00 Marathon Government Center 2798 Overseas Hwy, Mamthon 11+2 Fac'ada MPC- oo0 $900. Marathon Government Annex 490 53 Street, Marathon FireLite MS 4 $450.00 Marathon Detention Facility 3981 Ocean Terrace, Marathon FireLite Miniscan $450.00 Marathon Sheriffs Hangar Marathon Airport 4024 EST wick Start $450.00 Mamthon Courthouse 3117 Overseas Hwy, Marathon Notilxer SFP 400D $525.00 George ioleM Library 3251 Overseas Hwy,. Marathon Simplex 20014431 $450.00 Ruth Ivies Center, Health Dept. 3333 Overseas Hwy} Marathon Fdwards 1500 Series $450.00 Medical Examiner 56639 Overseas Hwy, Crawl Rey Simplex Grinnel 4010 FACP $525.00 $25.00 Ellis Building 88800 Overseas Highway, F.K. FireLite NW•-24 $600.00 Plantation Key Courthouse Highpoint Load., Plantation Rey FircLite W-24 $900.00 Plantation Key Detention Faci. 53 Hiopoint Road, Pla mts ion Key FircLite MS-9200 $750.00 Islamorada Library MM 81.3, Islamorada Fire Lite MS-4424b $600.00 Roth Building 50 Highpoint Ro4 Tavernier Edwards EST-2 $900.00 $25.00 Key Largo Librairy 101485.Oversew Highway ,. FireLke 1 -5024 $.00 $25.00 Tradewtnds Sho Plate ANNUAL PANIC SYSTEM* INSPECTION _. MANUFACTURER NT�IL MONTHLY MONITOR LOCATION MOIIEL # (including any AMOUNT Kw Courthouse Annex 502 Whitehead St, Kel Vest overtime Caretal er Plus $ 75.00 $25.00 Judicial Workout out Room 502, Whitehead St., Ike rest CH Annex $ M. J. Lancelot Lester Building, & Records Storage' 530 Whitehead St. Key west CH Annex system J. Lancelot Lester Building - ' District 3 Comm' sioner 530 Whitehead St. Key West CH Annex system Old Courthouse - District 1 Cotnmissioner Soo Whitehead St., Key Vest CH Annex system Old Courthouse - Traffic/Fines 500 Whitehead St., Key Vest CAI Annex s stem Freeman Justice Center 31 o Fleming Street, N& Nest to be determined Onto Building - Social Services 1100 Simonton St., Key west CADDX $150.00 Oato Building - 2�d floor 1100 Simonton St, KeyWest INOVONICS $150•00 FA46D 64 Medical Examiner 56639 Overseas Hwy, Craw-F Simplex Gn*nnel !Ley4010 FACP $250.00 $5.40 AGREEMENT 3 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA Ellis Building Supervisor of 88820 Overseas Hwy, Tavernier CADDX Mections I -6 $250.00 $25.00 Ellis Building Traffic 88820 Overseas !LmTavernier CADDX NX 6 $250.00 $25.00 E111'"s Building Social Services $8820 Overseas Hwy, Tavernier CADDX NX 6 $250.00 $25.00 Ellis BuiLft Plann 88800 Overseas Hwy,, Tavernier CADDX NX ICE S250.00 $25.00 a. Labor --- formal working hours of 8:00 a.m. to $ 75.00 per hour � 5:00 P.M. Monday through Friday excluding holidays b. Labor — Overtime rate for hours not stated above, including per hour holidays and for facilities that conduct critical business such as Courthouses, Tax Collector's offices, and all others identified by the Facilities Maintenance Director in the Specifications c. Manufacturers invoice cost of parts and materials Cost + 25% Note: rate no addftna co ts, or ravel,ndleagee , or lodging. The Contractor ' s request for payment must itemize each of the costs stated above. 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. B. COUNTY shall pay in accordance with the Florida Local Government Prompt p Payment Act; payment will be made after deliveryand inspection b CP y COUNTY and upon submission of mvoicc by CONTRACTOR, C. CONTRACTOR shall submit to COUNTY invoices with supporting FA g documentation acceptable to the Clerk, on a monthlyschedule in arrears. .i Acceptability to the Clerk s based on generally accepted accounting principles P g p ples and such laws, rules and regulations as may govern the Clerk's disbursal of fronds. 5. TERM QF AGREEMENT This Agreement shall commence on September 1, 2008, and ends upon August gust 31, 2011, unless terminated earlier under paragraph 18 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional onal o (2) one-year periods at terms and conditions mutually agreeable to the artier exercisable . � p � e disable upon written notice given at least 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 three (3) years. The Contract amount shall be adjusted annu,all in accordance with the changeY percentage in the I.J.S. Department of Commerce Consumer price Index CPI- for all AGREEMEI R 4 MAY 2008 FIFE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based Upon the PI-U computation at December 31 of the previous year.. 54 ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request. fi. FINANCIAL RECORI)s OF CONTRACTOR CONTRACTOR shall maintain all boob, records, and documents directlypertinent to erfo F performance, , under this Agreement in accordance with generally accepted accounting principles consistently appl1ed. 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 years following the termination of this Agreement. If an auditor employed b the COUNTY r • y • o Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to See. 55-039 FS, running from the date the monies were paid to CONTRACTOR. 7. MLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to and inspection, of, all documents, papers, letters or other materials in its possession or under . . , p der its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR xn conjunction With this .Agreement, and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Sa HOLD HARE S AND INSi�RAN�E CONTRACTOR covenants and agrees to indemnify and hold hatless Monroe County Board of County Commissioners from any and all claims for bodily of(including death), personal injury, and property damage (including ro owned b Monroe property y County) and any other losses, damages, and expenses (including attorne 's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, its employees, or agents. The extent of liability is in no way limited to, reduced, or lessened b the I nou,� y 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. AGREEMENT 5 MAY 2 FIRE AND PANIC ALARM[ SYSTEM ANNUAL CERTII=ICATION, MAINTENANCE AND MONITORING MONRCE COUNTY, FLORIDA Pfior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the m nimum coverage limitations in the following amounts: WOR ER.' S COMPENSATION AND EMPLOYER'S LIABILTIY INS CE: Where applicable, worker's compensation coverage to apply for all employees at a • m um statutory limit as required by Florida Law, and Employer's Liability covers e g in the amount of $0 bodily injury by accident, $0 D bodilyin' b J� Y disease, policy limits, and $100, 000.00 bodily injury by disease, each employee, COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INS CE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than L300.0.00 per occurrence, combined single limit for Bodily InjuryLiabilit and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50, 000. 00 per person, 100 000 00 per occurrence, and $25 000. 00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles and all hired vehicles. COMMERCIAL GENERAL LLkBILITV: Commercial general liability coverage with limits of liability of not less than $ 00 000.00 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 re nested p . 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 Mate of Florida. If requested by the Coup Administrator, the urance coverage shall be primary insurance with respect to the COUNTYits officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COLWTY COMMISSIONERS MUST BEN"ED AS ADDITIONAL ESURED ON ALL pOLICIES EXCEpT D ER �S CO PE' &ANION, 9. NON -WAIVER OF EWHUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes the participation of COUNTY and CD . CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability lily insurance pool coverage shall not be deemed a waver of immunity to the extent of liability coverage3 nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. AGREEMENT 6 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 10. DEPENDENT 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 contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees � F yees of the Board of County Commissioners of Monroe COINTY. Ile NONDISCRINIINATI i COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by F a court of competent i ■ jurisdiction that discnmmation has occurred, this Agreement automatically termina tes without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, ,and all local ordinances, as applicable, relating to nondisc6minat1on. These include bu t are not limited to: 1) Title vI of the Civil Rights Act of 1964 gg-352 whichprohibits e(PL � discrimination on the basis of race, color or national origin; �Title I of the Edu cation Amendment of 1972, as amended (20 USC ss. 1681-1 g3, and 1685-1686 which a • ■ i + ' a prohibits disc tion on the basis of sex; 3 ) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended 42 USC ss. 6101-6107 which prohibits dlscnmmmation on the basis of e; 5 The Drug Abuse Office � g and Treatment Act of 1972 (FL 92-255), as amended, relating to nondiscrimination on . g the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91--616), as amende relating nondiscrtmrnation on the basis of alcohol abuse or alcoholism.; 7 � The Public H ealth Service Act of 1912, ss. 523 and 527 (42 USC ss.. 690ddr-3 and Z ee-3 as • 3, amended, relating to confidentiality of alcohol and drug abuse patient records; - Title VIII .. F � of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination . � g Harlon in the sale, rental or financing of housing; 9) The American with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time relating sting to nondiscrimination on the basis of disability; 10) Any other nondisc ' tionprovisions'. Y in any Federal or stag statutes which may apply to COUNTY and CONTRACTOR to or the subject matter of, this Agreement. 12. ASSIGNIEl fi'I'1 UB ONTRA T CONTRACTOR shall not assign or subcontract its obligations under this g agreement to others, except in writing and with the prior written approval of the Board f Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions� and provision as the Board may deem necessary. This paragraph shall be incorporated b reference ' p p t`Po y nce into any assignment or subcontract and any assignee or sub shalt comply with all of the provisions of this agreement. Unless expressly ' F y provided for therein, such approval shall in no manner or event be deemed to u"ose n any . obligation upon the board. F y ona,I addttt AGREEMENT 7 MAY 2008 FIRE AND PANIC ALARM SYSTEM[ ANNUAL CERTIFICATION[, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 130 CH IJANCE WITH LAW AND LICENSE REOUMEMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and Mate government, ordinances, rules and regWations pertaining to, or regulaftog 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 material breach of this agreement and shalI 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. 14. DISCLOSURE AND CONFLICT of INTEREST CONTRACTOR represents that it, its directors, principles and employees, p � 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 rovided in P Sect. 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, unauthonzed compensation, nu"suse of public positron, conflicting employment or contractual relationship; and disclosure or use of certain information. Upon execution of this contract, and thereafter as char es ' CONTRACTORmay require, the shall notify the COUNTY of any financial. interest. it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute as a condition of probation, or is provided on a voluntary basis. COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide working employee solely for y g Y it, to solicit or secure this Agreement and that it has not paid or agreed to a � pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, conauxu sslon, 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 orn monies owed, or otherwise recover, the full amount of such fee, commission cen e gift, or consideration. 15, 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 of indebtedness. CONTRACTOR an m. '� y for R further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract, AGREEMENT 8 MAY 2008 FIRE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATIONF MAINTENANCE AND MONITORING MCNRCE COUNTY, FLORIDA 16, NOTICE REOIEMENT Any notice required 'or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the ether party b certified mail returned. recei t Y p requested, to the following'. FOR COUNTY: FOR CONTRACT'O Monroe County Barnes Al Facilities Maintenance Department ATTN: 3583 South Roosevelt Boulevard 3201 Flag ler Suite 503 Ivey Nest, FL. 33040 Ivey west FL 333040 and Monroe County Attorney Post Office Box 1026 Ivey Wes, FL 33041-1026 17. TAXES COUNTY is exempt from payment of Florida Mate Sales and Use taxes_ CONTRACTOR shall not be exempted by virtue of the COLNTY' 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. 18, TERMNATION A. The COUNTY or 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. B. Either of the parties hereto may cancel this agreement without cause b giving g the other party sixty (60) days written notice of its intention to do so with neither party having any fijrther obligation under the term s of the contract upon termination. 19. GOVERNING LA,.Wt VENUE. INTERPRETATION4 INTERPRETATIONCOSTS. 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 proceedingis instituted for the enfo r ment or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate ro riatc .-strative body in Monroe County, Florida. AGREEMENT 9 MAY 2008 FIRE AND PANIC ALARM! SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 20. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflictinginterpretations of the term 'Issue s or a term of this Agreement by or between any of them the 'Issue shall be submitted to mediation prier to the institution of any other administrative or legal accordance proceeding. Mediation proceedings initiated and conducted pursuant to this A eement shall in � ce with the Florida Mules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 21. 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 an extent b a court of competent Y Y pent jurisdiction, the remaining terms, covenants, conditions and provisions of this . Agreement, shall not be affected thereby; and each remain term ■ covenant, condition and provision of thus Agreement shall be .valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the . ng 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 an stricken ro sion with a Y p valid provision that comes as close as possible to the intent of the stricken provision, 22. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event an cause of action Y or administrative proceeding is initiated or defended b an art relative t y Y party o the enforcement or interpretation of this Agreement, the prevailing Pshall be enti tled to reasonable attorney's fees and attorney's fees, in appellate proceedings. Each p p g party agrees to pay its own court costs, investigative, and out -of -packet expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR. DISAGREEh�IEl�'TS COUNTY and CONTRACTOR agree that all disputes and disagreements shall � g� all be attempted to be resolved by meet and confer session between representatives p of COUNTY and CONTRACTOR. If no resolution can be agreed n within 3 � � days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the hoard of County Coissloners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then � an shall y party have the right to seek such relief or remedy as may be provided b this Agreement Florida Y �' or by orida law. 24, COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Ag reement, AGREEMENT 10 MAY 2DO$ FIFE AND PANIC ALARM SYSTEM ANNUAL CERTIFICATION' MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA COLTNTY and CONTRACTOR agree to participate, to the extent required b the other q y party, i n all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY an � d CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25, 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 � g representatives, successors, and assigns. 26. AUT110RffV 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. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for FP y 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. 28. PRIVILEGES AND IM 'I`IES All of the privileges and immunities from liability, exemptions from laves ordinances p � } and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of an public any agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial lets of the COUNTY shall apply to the same degree pP y g and extent to the performance of such functions and duties of such officers agents, ,volunteers, or employees outside the territorial linuts of the COUNTY. 299 DECAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responnshil�tIy imposed upon the entity by except t to the � extent of act and timely performance thereof by any g partici atin entity, in which case P ty� the performance may be offered in satisfaction of the obligation or responsibility. g espo ty. Further, this Agreement is not intended to, nor shall it be construed as autori in � s hg the delegation. of the constitutional or statutory duties of the COUNTS t to the extent l � except t permitted by the Florida constitution, state statute, and case law, AGREEMENT MAY 2008 FIRE AND RANK ALARM SYSTEM ANNUAL CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 30. NONmRELIAINCE 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 enforec 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 anyagent, 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-, 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COLNTY may reasonably rewire, to include a Public Entity Crime Statement, an Ethics Statement, and aDrug-Free Workplace Statement. 32, NO PERSONAL LIA &ITY 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 Coup shall County be liable personally on this Agreement or be subject to any personalliability liabili or accountability by reason of the execution of this Agreement, 33. EXECUTION IN COUNTERPARTS Tbis 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 ent and any of COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. SECTION I-IE IIITOS 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 of this A g greement and will not be used in the interpretation of any provision of this Agreement. 35. PIMLIC ENTM CREWE WFORMATION STATEMENT "A person or affiiiatc 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 y 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 subm it 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 contrast with any public entity, and may not transact business with any public entity in. excess of the F ty AGREEMENT 12 MAY 2008 FIRE AND PANIC ALARM[ SYSTEM ANNUAL, CERTIFICATION, MAINTENANCE AND MONITORING MONROE COUNTY, FLORIDA 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." 36, 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 37. INCORPORATION OF RID DOCIMNTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 389 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 f nther obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS wHEREOF, COUNTY and CONTRACTOR hereto have executed this �r on the Clay and date first written above in four (4) counterparts, each of • _ ;cut proof or accounting for the other counterparts, be deemed an BOARD OF COUNTY COMMISSIONERS .: ,� LHAGE CLERK OF MONROE COUNTY, FLOIDA .. `. �.�` . ter. 5��•,r:r, By. ir eputy drIerk Mayor Mario DiGennaro Date: AUG 2 0 2008 WITNE SES FOR CONTRACTOR: Si e Date: AUG 2 0 2008 cc �... :"= C= r � Si f sell aut�l�o _ ..� legally bind ration n Date: '� :y i C=) 0-1 Print Name Address:3201 Flagler Avenue, ##503 Key west, Florida 33040 Telephone Number: (305)294-6753 MOyKOE COUNTY AT,TOFyNEV APAOV& AS TO/WXM: AGREEMENT 13 AS COU TY ATTOANEY MAY 2008