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Item C01C oun t y of Monr ELj » °o � i� G�, � BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 The Florida Ke s lv ', y f i I w; \ Mayor Pro Tern Sylvia J. Murphy, District 5 ; ,= _ :' j Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting December 13, 2017 Agenda Item Number: C.1 Agenda Item Summary #3589 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429 NA AGENDA ITEM WORDING: Approval of a Contract with Barnes Alarm Systems, Inc. for Fire and Panic Alarm Maintenance, Monitoring and Inspection services. This Contract is paid from funds 001, 101, and 147. ITEM BACKGROUND: On October 17, 2017, Monroe County Project Management opened sealed bids for the Fire and Panic Alarm Annual Monitoring, Maintenance and Inspection services. Barnes Alarm Systems, Inc. was the lowest responsible bidder. PREVIOUS RELEVANT BOCC ACTION: On April 12 2017, the Monroe County BOCC rejected all bids for the Fire and Panic Alarm Annual Maintenance, Monitoring and Inspection contract due to the first four (4) lowest bidders being found to be noncompliant with base requirements of the Request for Proposals. Monroe County modified the RFP to eliminate confusion and reposted the contract for bidders on August 2017. CONTRACT /AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Staff Recommends Approval DOCUMENTATION: Barnes Contract (legal stamped) FINANCIAL IMPACT: Effective Date: 12 -13 -17 Expiration Date: 12 -12 -2019 Total Dollar Value of Contract: $31,160.60 +Maintenance Total Cost to County: $31,160.60 +$78.50 /hr + $117.75/hr OT Current Year Portion: $31,160.60+ Budgeted: yes Source of Funds: Funds 001,101, & 147 CPI: No Indirect Costs: None Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: None Insurance Required: yes Additional Details: None Total cost for Fire Alarrm Annual Inspections $20,241.90 Total Cost Fire Alarrm Monthly Monitoring $1,381.38 Total Cost Panic Alarrm Annual Inspection $2,518.72 Total Cost Panic Alarrm Monthly Monitoring $418.60 Total Upgrades to systems for monitoring $6,600.00 Maintenance cost per hour during normal working hours $78.50 Maintenance cost per hour after hours $117.75 Material Markup 25% Total Alternate #1 $6,600.00 12/13/17 001 -20501 • FACILITIES MAINTENANCE 12/13/17 101 -20505 • CORRECTION FACILITIES 12/13/17 147 -20503 • UNINC PARKS & BEACHES Total: REVIEWED BY: Patricia Eables Kevin Wilson William DeSantis Budget and Finance Maria Slavik Kathy Peters Board of County Commissioners Completed Completed Completed Completed Completed Completed Pending $20,000.00 $20,000.00 $20,000.00 $60,000.00 11/22/2017 11:51 AM 11/22/2017 12:57 PM 11/27/2017 9:58 AM 11/27/2017 11:58 AM 11/27/2017 12:06 PM 11/27/2017 1:00 PM 12/13/2017 9:00 AM , o AGREEMENT FOR FIRE AND PANIC ALARM ANNUAL CERTIFICATION, MAINTENANCE, AND MONITORING MONROE COUNTY, FLORIDA This Agreement is made and entered into this IP day of December, 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 Barnes Alarm-5 tvs ems. lnc.. a Florida Corporation, ( "CONTRACTOR"), whose address is 3201 Flagler Ave., Suite 503, Key West, Florida 33040. WHEREAS, COUNTY desires to have Maintenance, Monitoring, and Certification 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 December 2017 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. Contractor will provide an analysis of the report along with recommendations for detectors that require cleaning or replacement. 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 CAI -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 Works Facilities Maintenance, Contract Monitor, 1100 Simonton Street, Key West, within thirty (30) days prior to expiration of respective existing certifications. AGREEMENT 1 -2 December 2017 I 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, 1 100 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 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. C. FIRE ALARM REPAIR AND MAINTENANCE 1. System Software Updates -Microprocessor based systems will have the AGREEMENT 1.3 December 2017 software upgraded when required to maintain the listing requirements of the AHJ. 2. 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 afterhours 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. AGREEMENT 14 December 2017 MONITORING AND DISPATCH (Contractor to verify) FIRE ALARM SYSTEMS AND LOCATIONS CONTR BUILDING LOCATION OL MODEL # PANEL 500 00 Whitehead Key West Courthouse Ke West Simplex 4100 Judicial Workout Room 502 Whitehead Notifier SFP -2402 (formerly Juvenile Detention) St., Key West Sheriff Civil Division 500 500 Whitehead West Faraday Firewatch ii J. Lancelot Lester Building & 530 Whitehead Notifier AFP -200 Records Storage St., Key West 302 Fleming Noted Freeman Justice Center Street, Key West AFP -200 AFP -200 5200 College Bayshore Manor Road, Stock Notifier SFP -10UD Island May Hill Russell Library 700 Fleming St., Notifier SFP -4008 Key West Gato Building 1100 Simonton Simplex 4010 Street, Key West Gato Elevator 1100 Simonton 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 Big Pine Key Park 29001 Atlantic, EST Quickstart 3 Big Pine Ke AGREEMENT 1 -3 December 2017 FIRE ALARM SYSTEMS AND LOCATIONS BUILDING LOCATION CONTROLPANEL MODEL# Marathon Government 2798 Overseas Faraday MPC 2000 Center Highway, Marathon Marathon Government 490 63" Street, Annex Marathon FireLite MS -10UD Marathon Detention Facility 3981 Ocean Firei -ite Miniscan 4024 Terrace, Marathon Marathon She riff's Hanga Marathon Airport Notifier NFS 320 Marathon Courthouse 3117 Overseas Notifier NFW2 -100 Highway, Marathon George Dolezal Library 3251 Overseas FireLite MS10UD Highway, Marathon Ruth Ivins Center, 3333 Overseas Notifier SFP -5UD Marathon Health Dept. Highway, Marathon 56639 Overseas Medical Examiner Highway, Crawl Notifer NFW 50 Ke 88800 Overseas Ellis Building Highway, FireLite MP -24 Plantation Ke Highpoint Road, Plantation Key Courthouse Plantation Ke FireLite MP -24 Plantation Key Detention 53 Highpoint Facility Road, Plantation FireLite MS -9200 Key Isiamorada Ubrary MM 81.5, Fire Lite MS -4424B Islamorada AGREEMENT 1 -5 December 2017 c� C C E c2 i. 0 S U) 6 0 2 E 0 F c� FIRE ALARM SYSTEMS AND LOCATIONS BUILDING LOCATION CONTROL PAI MODEL# 102050 ME Nelson Overseas Government and Highway, Key Siemens FS -250 Cultural Center Largo 50 Highpoint Roth Building Road, Edwards EST -2 Tavernier 28 Emerald SFP- MC Fire Station # 9 Drive, Big Notifier Coppitt 5UD 390 Key Deer MC Fire Station # 13 Blvd., Big Pine EST Quickst Ke art 151 Marine MC Fire Station # 22 Drive, Notifier NFW2- Tavernier 100 101485 Overseas Highway, Key Largo Library Tradewinds Firel-ite MS -5UD Shopping Plaza 10 S. Conch Conch Key Fire Ave, Conch Notifier NFW2 _ Station # 17 Key 100 5655 Stock Island Fire MacDonald Edwards VS -1 Station # 8 Ave., Stock Island 56633 Crawl Key Overseas hwy Fire Lite MS- Fire Academy Marathon Fl 9050 AGREEMENT 1 -7 December 2017 iTL 0 E U) 8 M e .2 E 0 c� a� M 0 E c� - aul 'swejsAS wjejV susses 4;Im ju j ) [G to l lAG ] (pedw 1 e1) )3ejjuo3 seuieS oju cl j) E rnmmr A w� N � m m a o r 1L U C •� r r � r r l'o C CL 2 E C N r tr1 d U C G (a In CC) 1l- N N t0 � N U c to to m 9 N = W `� u W E l4 d to C U y N a N V + r to N IQ C W to C to � x o E H = = C1 m n to N co r fh C F- V O pq O ta= o U 0 LO N N P�1 r t7 m a0 m E r r Z v .Q O N 7U rN o0 tp N 00 L r 0 p 0 C E .- r o r as to t to o N o co m N ti r co r to Q E Q E tU Co r j1 N r N t� tD too m m O C N E U C O IL _ �j 32 �� _ o' E "c m� 0 m � , c a� c E m I �� _ C x a = 7 m''Ewa E m C b E �. E m N O YU 8 �� O�- 7 �m�t�U m m O rnv12_,0 a Q 0 c aa 32 m O cc 0 ° u' 'swelsAS wjelV w tillm 4u w a ) [G u l lA ] (p we 1 1) joeiluoo souieg o ;u Lj j4 � Et L �m x m LU m S m N O � d' m � t G C1 lL N N � L' a `m a to to N U > C ` O CD W m m 1�6 w > J 9 ro w a to LL ;t a v N cq � a C m p a y C. U �1 Q O N to fn z o o �a 0 a N O a m 1 4 Z a N v co N v N O t0 N C W m M r W 0) V U) to 1�- [D a' m � r E�xc � �� s °1 C S'-n� c� C N L U m 'm.� c m t m- w W op roo 9��i�►x��Ma�i 0 3 2CDIE ¢2ou.2m 20 m O' 0:C12 m U' 'SWGISAS WJBIV SOUJOS tjj!M IU a ) [G U ' 1A ] (pedwels 1 1) joeiluoo seuieEl eju y jj w r c ' x r) to $ V N u � Xx m V •� r r r N CL LO E LL d U C G r r N N �p U 73 CO r c m W N as C u- W 7 y r D y _ 3 y M + O C1 7+ W VJ Q CL 1� ti r 0 cr) r N r qw r a E E O_ as Z G V Z � .�- � ~ O N r N to N y r r r N c0 f- N c0 V w LO N r N r V r O E gg11 c o N � f0 Ln LD r NN N r � O N l0 t0 t0 N 0 v f0 0 N 0 C0 N 01 ° d Q p C D O a c m d E m m LLL m LL w LL w NN 4 N 'aY�'8 :3 a m 0 a a'i o m�d�U� W �N y �xmY�� m vYU.av�c m m � r-LL FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING D. PANIC ALARM SYSTEM CERTIFICATION (Contractor to verify) I. 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 I. Social Services, Ellis Building, 88800 Overseas Highway, Tavernier AGREEMENT 1 -11 December 2017 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. 3. Upgrade of seventeen (17) currently unmonitored existing systems to be monitorable. 4. Contractor shall also provide a price to replace, register, and reprogram communicators as necessary for the purpose of establishing monitoring by proposer which includes any necessary updates to the County's currently monitored systems. 5. The tables provided represent the most current information from the County regarding its buildings and their systems and may contain errors. By submitting a proposal the contractor agrees that they have visited each site and verified the existing system and condition. 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 AGREEMENT 1 -12 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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. LISTS OF COUNTY PANIC ALARMS AND THEIR LOCATIONS HOLD UP BUILDING LOCATION MANUFACTURER MODEL 0 SWITCHES KW Courthouse Annex 502 Whited St., Key CADDX NX6-E 17 Judicial Workout Room 502 Whitehead St., Key Part of KW CH Annex system 0 (formerly Juvenile Detention West J. Lancelot Lester Building, & 530 Whitehead St.. Key Part of KW CH Annex system 0 Rec rds Storage West J. Lancelot Lester Building - 530 Whitehead St., Key Part of KW CH Annex system 2 District 3 Commissioner West Old Courthouse - District 1 500 Whitehead St., Key Part of KW CH Annex system 2 Commissioner West Old Courthouse - Traffic and 500 Whitehead St.. Key Part of KW CH Annex system 5 Fines West Freeman Justice Center 302 Fleming Street, Key Navarro-Ademco vista 128 West FSB Panel (digital) 42 Freeman Justice Center 302 Fleming Street, Key Honeywell 7845 GSMR West cellular Gato Building, Social Svs 1100 Simonton Street, Key Ademco Honeywell 10 Gato Building ng — 2 floor 1100 Simonton Street, Key Ademco Honeywell yw 13 West Medical Examiner 56639 Overseas Hwy -, Crawl Notifier NFW 50 1 ey Plantation Key Ellis Building 88800 Overseas Hwy_, CADDX NX-6 2 Supervisor of Elections Tavernier Plantation Key Ellis Building 88800 Overseas Hwy., CADDX NX -8 3 Traffic Tavernier Plantation Key Ellis Building 88800 Overseas Flwy. . CADDX NX-6 2 Social Services Tavernier PK Spottswood Building 88770 Overseas Hwy_, Honeywel (Digital) 5802 -WXT 1 Tavernier PK Spottswood Station 88770 Overseas Hwy, Cellular Tavernier Plantation Key 81is Building 88800 Overseas Hwy. CADDX NX-6E 2 Pla Tavernier - Murray IE Nelson 102050 Overseas Flwy.., Key Honeywell 60 -578 9 Largo AGREEMENT 1 -13 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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 Thousand and 00 /100 Dollars ($5,000.00), up to and including Ten Thousand and 001100 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. H. BACKGROUND CHECKS / FINGER PRINTING Supervision and Inspection of Work: Sufficient supervisory personnel shall be provided and systematic inspection will be 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. AGREEMENT 1 -14 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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: 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 County shall pay to the Contractor for the performance of said monthly service on 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: 1. Fire Alarm System Annual Certification and Central Station Monitoring as follows: AGREEMENT 1 -15 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING AGREEMENT 1 -16 December 2017 INSPECTION FIRE SYSTEM: AMOUNT MONTHLY CONTROL MODEL # {Including any MONITOR BUILDING LOCATION PANEL Possible AMOUNT overtime) Key West Courthouse 500 Whitehead R. Key West Simplex 4100 $941.84 $41.86 Judicial Workout Room 502 Whitehead St, Key West Notifier SFP -2402 $235.47 $ ( formerly Juvenile Detention Sheriff Civil Division 500 Whitehead St., Key West Faraday Firewatch 11 $235.47 $ J. Lancelot Lester Building & 530 Whitehead St, Key West Notifier AFP -200 $1862.64 $41.86 Records Stora Freeman Justice Center 310 Fleming Street, Key West Notified AFP- AFP -200 $737.97 $41.66 200 Bayshore Manor 5200 College Road, Stock Notifier SFP -10UD $470.93 $41.86 Island May Hill Russell Library 700 Flem Ing St., Key West Notifier SFP 4008 $313.95 $41.86 Gato Building 1100 Simonton Street, Key Simplex 4010 $627.90 $41.86 West Gato Elevator 1100 Simonton Street, Key West Harvey Government Center 1200 Truman Avenue, Key Notifier NFS- 320 $941.84 $41.86 West Big Pine Key Library 231 Key Deer Blvd., Big Pine Notifier SFP -2404 $392.44 $ 1 Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart $627.90 $ 3 Marathon Government 2798 Overseas Hwy., Faraday MPC -2000 $941.84 $ Center Marathon Marathon Government 490 63m Street, Marathon FireLite MS -10UD $470.93 $ Annex Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan $470.93 $ Marathon 4024 Marathon Sheriffs Hangar Marathon Airport Notifier NFS - 320 $470.93 $ Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2 -100 $549.41 $ Marathon George Dolezal Library 3251 Overseas Hwy., Firel-ite MS10UD $470.93 $ Marathon Ruth Ivins Center, Health 3333 Overseas Hwy., Notifier SFP -5UD $470.93 $ L)ep Marathon Medical Examiner 56639 Overseas Hwy., Crawl Notifier NFW 50 $549.41 $41.86 K Ellis Building 88800 Overseas Highway, FireUte MP -24 $627.90 $ Plantation K Plantation Key Courthouse Highpoint Road, Plantation FireLite MP -24 $941.84 $ K Plantation Key Detention 53 Highpoint Road, Plantation Firet-ite MS -9200 $784.87 $ Facility Ke Islamorada Library MM 81.5, Islamorada Fire Lite MS -4424b $527.90 $ ME Nelson Govemmental 102050 Overseas Highway, Siemens FS-250 $1254.54 $41.86 and Cultural Center Key Lar Roth Budding 50 Highpoint Road, Tavernier Edwards EST -2 $941.84 $41.86 MC Fire Station # 9 28 Emerald Drive, Big Coppitt Notifier SFP -5UD $313.99 $41.86 MC Fire Station # 13 390 Key Deer Blvd, Big Pine EST Quickstart $510.23 $ Ke MC Fire Station # 22 151 Marine Drive Tavernier Notifier NFW2- 100 $627.90 $ Key Largo library 101485 Overseas Highway, FireLite MS -5UD $627.90 $41.86 Tradewinds Shopping Plaza MC Fire Station # 17 10 S. Conch Ave, Conch Key Notifier I NFW2- 100 $471.93 $41.86 MC Fire Station #8 t 655 MacDonald Ave., Stock Edwards VS -1 $235.47 $ Island AGREEMENT 1 -16 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 2. Upgrade of seventeen (17) currently unmonitored existing systems to be monitorable, FIRE SYSTEM: INSPECTION FIRE SYSTEM: CONTROL MODEL # include AMOUNT MONTHLY PANEL MODEL # CONTROL MODEL # (including any MONITOR BUILDING LOCATION PANEL 500 Whitehead SL, Key West possible AMOUNT $ 200.00 Sheriff Civil Division 500 Whitehead St., Kev West Faraday overtime $41.86 Crawl Key Fire Academy 56633 Overseas Hwy., Firel-ite MS -9050 5471.93 $ 310 Fleming Street, Key West Marathon AFP -200 $200.00 Marathon Government 2798 Overseas Hwy., 2. Upgrade of seventeen (17) currently unmonitored existing systems to be monitorable, FIRE SYSTEM: Upgrade to CONTROL MODEL # include BUILDING LOCATION PANEL MODEL # Monitorin Judidel Workout Room 502 Whitehead St., Key West Notifier SFP -2402 $41.86 lorrtterl Juvenile Detention 500 Whitehead SL, Key West Simplex 4100 $ 200.00 Sheriff Civil Division 500 Whitehead St., Kev West Faraday Firewatch li $41.86 Big Pine Key Library K 1 Key Deer Blvd., Big Pine Notifier SFP -2404 $41'86 Freeman Justice Center 310 Fleming Street, Key West Notified AFP- AFP -200 $200.00 Marathon Government 2798 Overseas Hwy., Faraday MPC -2000 $41'86 Center Marathon Notifier SFP -10UD $200.00 Marathon Government 490 63 Street, Marathon Firel-ite MS -10UD $41.86 Annex Marathon Detention Pacility 3981 Ocean Terrace, Firal-ite Miniscan $41.86 Marathon 4024 Marathon Sheriff's Hangar Marathon Airport Notifier NFS- 320 $41.86 Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2- 100 $41.86 Marathon George Dolezal Library 3251 Overseas Hwy., FireLite MS10UD $41.86 Marathon Ruth Ivins Center, Health 3333 Overseas Hwy., Notifier SFP -SUD $41.86 Dep t. Marathon Ellis Building 88800 Overseas Highway, FireLlte MP -24 $41.86 Plantation Ke Plantation Key Courthouse Highpoint Road, Plantation FlreLite MP -24 $41.86 Ke Plantation Key Detention 53 Highpoint Road, Plantation Firel-ite MS- 9200 $41.86 Facility K Islamorada Library MM 81.5, Islamorada Fire Lite MS -4424b $41.86 MC Fire Station # 9 28 Emerald Drive Big Coppitt, Notifier SFP -5UD $41.86 MC Fire Station # 13 390 Key Deer Blvd, Big Pine EST Quickstart $41.86 K MC Fire Station # 22 151 Marine Drive Tavernier Notifier I NFW2- 100 1 $41.86 3. Upgrades to sixteen (16) currently monitored existing systems, including any proprietary upgrades, to facilitate monitoring. FIRE SYSTEM: Upgrades CONTROL amount(Includ MODEL # ing materials BUILDING LOCATION PANEL and labor Key West Courthouse 500 Whitehead SL, Key West Simplex 4100 $ 200.00 J. Lancelot Lester Building & 530 Whitehead Sk, Key West Notifier AFP -200 $200'00 Records Storage Freeman Justice Center 310 Fleming Street, Key West Notified AFP- AFP -200 $200.00 200 Bayshore Manor 5200 College Road, Stock Notifier SFP -10UD $200.00 Island AGREEMENT 1 -17 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING FIRE SYSTEM: INSPECTION Upgrades PANIC SYSTEM: CONTROL AMOUNT amount(includ BUILDING LOCATION PANEL MODEL # Ing materials BUILDING LOCATION MODEL # possible and labor May Hill Russell Library 700 Fleming St.. Key West Notifier SFP 4008 $200.00 Gato Building 1100 Simonton Street, Key Simplex 4010 $200.00 Judicial Workout Roan West CH Annex system $0 $0 Gato Elevator 1100 Simonton Street, Key CH Annex system $0 200.00 J. Lancelot Lester Building - District 3 Commissioner West CH Annex system $0 $0 Harvey Government Center 1200 Truman Avenue. Key Notifier NFS -320 $200.00 Old Courthouse — Traffic/Fines West CH Annex system $0 $0 Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart $200.00 West Vista 128 FSB 3 $41.86 Medical Examiner 56639 Overseas Hwy., Crawl Notifier NFW-50 $200.00 Freeman Justice Center Ke Honeywell 7845 $0 $ ME Nelson Governmental 102050 Overseas Highway, Siemens FS- 250 $200.00 and Cultural Center Key Largo Ademco Honeywell $156.97 $41.86 Roth Building 50 HI h pint Road, Tavernier Edwards EST -2 $200.00 Key Largo Library 101485 Overseas Highway, FireLite MS-51.11) $200.00 Medical Examiner Tradewinds Shopping Plaza Simplex Grinnell $261.62 $41.86 MC Fire Station # 17 10 S. Conch Ave, Conch Key Notifier NFW2- 100 $200.00 MC Fire Station #8 5655 MacDonald Ave., Stock Edwards VS-1 $200.00 Elections Island NX 6 Crawl Key Fire Academy 56633 Overseas Hwy., FireLite MS- 9050 $200.00 Marathon 4. Panic Alarm System Certification, if necessary, and Central Station Monitoring as follows: AGREEMENT 1 -18 December 2017 INSPECTION PANIC SYSTEM: AMOUNT MONTHLY MANUFACTURER (including any MONITOR BUILDING LOCATION MODEL # possible AMOUNT overtime KW Courthouse Ann x 502 Whitehead St., Key West CADDX $706.39 $41.86 Judicial Workout Roan 502 Whitehead St., Key West CH Annex system $0 $0 J. Lancelot Lester Building, & Records Storage 530 Whitehead St. Key West CH Annex system $0 $0 J. Lancelot Lester Building - District 3 Commissioner 530 Whitehead St. Key West CH Annex system $0 $0 Old Courthouse - District 1 Commissioner 500 Whitehead St., Key West CH Annex system $0 $0 Old Courthouse — Traffic/Fines 500 Whitehead St., Key West CH Annex system $0 $0 Freeman Justice Center 302 Fleming Street, Key Navarro- Ademco West Vista 128 FSB $418.18 $41.86 Panel (digital Freeman Justice Center 302 Fleming Street, Key Honeywell 7845 $0 $ West GSMR cellular Gato Building —Social 1100 Simonton St., Key West Ademco Honeywell $156.97 $41.86 Services Gatc Building — 2 fleor 1100 Simonton St., Key West Ademco Hone II $156.97 $0 Medical Examiner 56639 Overseas Hwy., Crawl Simplex Grinnell $261.62 $41.86 Ke 4010 FACP Ellis Building Supervisor of 88820 Overseas Hwy., I CADDX I $100'00 $41'86 Elections Tavernier NX 6 AGREEMENT 1 -18 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING Ellis Building Traffic 88820 Overseas Hwy., CADDX NX 6 $100.00 $41.86 FIRE SYSTEM: Tavernier Upgrade from Ellis Building Social Services 88820 Overseas Hwy., Tavernier CADDX NX 6 $100.00 $41.86 Ellis Building Planning 88800 Overseas Hwy., CADDX NX 6E $100.00 $41.86 Key West Courthouse Tavernier Simplex 4100 $ ME Nelson Govt. Center 102050 Overseas Hwy., Key Honeywell 60 -578 $261.62 $41.86 Largo Spottswood Station 88770 Overseas Hwy., Honeywell 5802- $156.97 $0 Tavernier WXT Di ital Spottswood Building 88770 Overseas Hwy., Honeywell 5802 - $0 $41.86 Tavernier WXT Cellular Total Fire Alarm Monthly Monitoring: $1,381.38 Total Panic Alarm Inspection: $2,518.72 Total Panic Alarm Monthly Monitoring: $498.60 Total Fire Alarm Inspection: $20,241.90 Total Upgrade of seventeen (17) currently unmonitored existing systems to be monitorabie. $3,400.00 Total upgrades to all other Currently monitored systems including proprietary software for monitoring. $3,200.00 Service Rates Regular Hourly Labor Rates Monday - Friday Sam to 5pm After Hours Labor Rates (Includes Weekends and Holidays) Markup of Materials above vendor cost $78.50 p er hour $117.75 per hour 25 % Alternate #1: Contractor to provide a cost to replace existing landline dialer with a cellular dialer in those locations where the code allows such substitution. Total of all buildings. Six thousand Six hundred and 00 /100 Dollars Cost in Words $ 6.600.00 Cost in Numbers AGREEMENT 1 -19 December 2017 Cost to FIRE SYSTEM: Upgrade from CONTROL MODEL # Analog to BUILDING LOCATION PANEL Cellular Key West Courthouse 500 Whitehead St., Key West Simplex 4100 $ AGREEMENT 1 -19 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING Judicial Workout Room 502 Whitehead SL, Key West Notifier SFP -2402 $ ( formMy Juvenile Detention Sheriff Civil Division 500 Whitehead SL, Key West Faraday Firewatch 11 $ J. Lancelot Lester Building & 530 Whitehead St, Key West Notifier AFP -200 $ Records Storage Freeman Justice Center 310 Fleming Street, Key West Notified AFP- AFP -200 $ 200 Bayshore Manor 5200 College Road, Stock Notifier SFP -101JD $ Island May Hill Russell Library 700 Fleming St., Key West Notifier — 9 - FP 4008 $ Gato Building 1100 Simonton Street, Key Simplex 4010 $ West Gato Elevator 1100 Simonton Street, Key West Harvey Government Center 1200 Truman Avenue, Key Notifier NFS -320 $ West Big Pine Key library X31 Key Deer Blvd., Big Pine Notifier SFP -2404 $200.00 ey Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart $200'00 3 Marathon Government 2798 Overseas Hwy., Faraday MPC -2000 $200.00 Center Marathon Marathon Government 490 6V Street, Marathon FireLite MS -10UD $200.00 Annex Marathon Detention Facility 3981 Ocean Terrace, Firel-ite Miniscan $200.00 Marathon 4024 Marathon Sheriff's Han ar Marathon Airport Notifier NFS -320 $200.00 Marathon Courthouse 3117 Overseas Hwy„ Notifier NFW2 -100 $200.00 Marathon George Dolezal Library 3251 Overseas Hwy., FireLite MS10UD $200.00 Marathon Ruth Ivins Center, Health 3333 Overseas Hwy., Notifier SFP -SUD $200.00 Dept. Marathon Medical Examiner 58639 Overseas Hwy., Crawl Notifier NFW -50 $ Key Ellis Building , 88800 Overseas Highway, Firel lte MP -24 $200.00 Plantation K Plantation Key Courthouse Highpoint Road, Plantation FlreUte MP -24 $200.00 Ke Plantation Key Detention 53 Highpoint Road, Plantation Firel-ite MS -9200 $200.00 Facili K Islamorada Lib MM 81.5, Islamorada Fire Lite MS -4424b $200.00 ME Nelson Governmental 1 D2050 Overseas Highway, Siemens FS -250 $ and Cultural Center K Lar Roth Buildin 50 H" h "nt Road, Tavernier Edwards EST-2 $ MC Fire Station # 9 28 Emerald Drive, Bi Co itt Notifier SFP -5UD $ MC Fire Station # 13 390 Key Deer Blvd, Big Pine EST Quickstart $200.00 Ke MC Fire Station # 22 151 Marine Drive, Tavernier Notifier NFW2- 100 $200.00 Key Largo Library 101485 Overseas Highway, Firel-ite MS -5UD $200.00 Tradewinds Shopping Plaza MC Fire Station # 17 10 S. Conch Ave, Conch Key Notifier NFW2 -100 $ MC Fire Station #8 5655 MacDonald Ave., Stock Edwards VS -1 $200.00 Island Crawl Key Fire Academy 56633 Overseas Hwy., Firel-ite MS -9050 $200.00 Marathon AGREEMENT 1.20 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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. S. TERM OF AGREEMENT This two (2) year Agreement shall commence on December 13, 2017, and ends upon December 12, 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 two (2) years. 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. FI,MNCIAL 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 were spent for purposes not authorized by this Agreement, the Contractor shall repay the AGREEMENT 1 -21 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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 1 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 ndt 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 I -22 December 2017 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 any Public records unless or otherwise provided 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 4470 BRADLEY - BRIANQMONROECOUNTY- FL.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 Contractors 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 1.23 December 2017 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 coverage 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 5300.000.00 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 5 200.000.00 per person, 5 003 .000.00 per occurrence, and $ 200.000.00 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 Iiability of not less than —S300.000.00 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 -24 December 2017 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et sec}.), 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 Vl, 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 REQUIREMENTS 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 -25 December 2017 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 FOR CONTRACTOR Chris Globe, Barnes Alarm Systems, Inc. 3201 Flagler Ave, Ste.503 Key West, FL 33040 Ph: 305 - 294 -6753 Fax :305- 728 -0580 and Assistant County Administrator (Public Works and Engineering) 1100 Simonton Street Key West, FL 33040 AGREEMENT 1 -26 December 2017 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 A. The County may terminate this Agreement with or without cause prior to the commencement of work. B. The Coa'nty 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 (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 PEES 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 terns, 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 -27 December 2017 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 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. This Agreement is not subject to arbitration. 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. BIDDING 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 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. AGREEMENT 1 -28 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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, 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 AgreeTent 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 "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, AGREEMENT 1-29 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING 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 287.417, 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 -30 December 2017 FIRE AND PANIC ALARM ANNUAL CERTIFICATION MAINTENANCE, AND MONITORING IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and date first written above in two (2) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract, (SEAL) Attest: KEVIN MADOK, CLERK Deputy Clerk Date: DEBORAH GREEN ;+ EXPIRES: November 19, 2020 iii•' Bonded Thru Noary Public underwriters viz .PLC Signature \\I7z� r boa r Date Print Name Signature Date Print Na1ne BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA Mayor Date: CANT ACT - arnes Alarm Systems, Inc. Signature of person authorized to legally bind CONTRACTOR Date: f - , d L"r L � Print Name and Titie Address: Telephone Number MONROE COUNTY ATTORNEY'S OFFICE �AtRA AS T F0 PATRICIA FABLES ASSISTANT COUNTY ATTORNEY DATE; it — U) a� a� a� AGREEMENT 1 -31 December 2017