Item D16BOARD OF COUNTY COMMISSIONERS
Meeting Date: 8/20/03
Bulk Item: Yes X No
AGENDA ITEM SUMMARY
Division: Public Safety
Department: Emergency Communications
AGENDA ITEM WORDING: Approval of Amendment to Agreement with Positron Public Safety
Systems, Corp. in order to reflect items not listed in original contract to allow full payment of the
goods and services provided, at a cost less than the maximum contracted amount, in the amount of
$104,935.14.
ITEM BACKGROUND: On September 18, 2002, the Board of County Commissioners granted
approval of an agreement between Monroe County and Positron Public Safety Systems Corp. for the
relocation, reconfiguration, and/or addition of 911 equipment for the City of Key West Police
Department's 911 Center. During the course of the project some nonfunctional equipment had to be
replaced which had not been specified in the contract. The attached amendment provides for the
inclusion of the additional required equipment to allow full payment of the equipment and services
required, including freight costs. The original agreement provided for a maximum amount for this
project of $112,688.94; The actual total cost is $104,935.14.
PREVIOUS RELEVANT BOCC ACTION: Same as above.
CONTRACT/AGREEMENT CHANGES: 1) Addition of equipment: hardware, software or other
accessories not listed in the system equipment- itemization. 2) Addition of freight charges under the
goods and services to be provided in this contract.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $104,935:14 BUDGETED: Yes x No
COST TO COUNTY: $104,935.14 SOURCE OF FUNDS: non ad valorem/911 funding
REVENUE PRODUCING: Yes _ No x AMOUNT PER MONTH Year
APPROVED BY: County Atty YES
DEPARTMENT DIRECTOR APPROVA.
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
OMB/Purchasing YES Risk Management YES
Included x To Follow Not Required
3
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Positron Public Safety
Contract #
Systems, Inc.
Effective Date: 9/18/2002
Expiration Date: 9/30/03
Contract Purpose/Description:
Amendment to contract with Positron Public Safety Systems, Inc., for the relocation,
reconfiguration and/or addition of 9-1-1 equipment
for the City of Key West Police Dept.,
modifying oods and services provided at a total less than the maximum contracted amount.
Contract Manager: G. Norm Leggett
6035 Emergency Communications
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 8/20/03
Agenda Deadline: 8/5/03
CONTRACT COSTS
(Approved) (Revised)
Total Dollar Value of Contract: $ 112,688.94 Current Year Portion: $ 104,935.14
Budgeted? Yes x No ❑ Account Codes: 10504 - 530 - 460 - -
Grant: $ 0 10504 - 560 - 640 - -
County Match: $ 0 10506- 560 - 640 - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ 0 /yr For:
(Not included in dollar value above) (eg. maintenance.
CONTRACT REVIEW
Changes
ate n Needed sewer
Division Director Yes❑ No
Risk Management 7/21103 Yes❑ No
O.M.B./Purchasing p ?/73/63 Yes❑ No�
County Attorney )k�5/03 Yes❑ NoD�
Comments:
Date Out
;(laWO3
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AMENDMENT TO KEY WEST POLICE DEPARTMENT 911 CENTER AGREEMENT
This amendment is entered into this ____ day of —_ 2003,
by and between Monroe County (County) and Positron Public Safety Systems, Inc.
(Contractor).
WHEREAS, the parties entered into an agreement dated September 18, 2002, for the
provision of additional equipment, relocation of existing equipment and modification and
reconfiguration of the new City of Key West 911 Emergency Communications Center; and
WHEREAS, unanticipated malfunctioning or missing equipment at the previous Key
West 911 Center required modification of the anticipated requirement for equipment; and
WHEREAS, the Contractor, in communication with County staff, made the
modifications in goods and services necessary to render the Key West 911 Center as a fully
functioning 911 Center within the total amount of the original agreement; and
WHEREAS, it is desired to revise said agreement to reflect line item changes to allow
full payment of the goods and services provided at a total less than the maximum
contracted amount; now therefore
IN CONSIDERATION of the following covenants andpromises, the parties agree as
follows:
1. Exhibit B, page 1, which sets forth the line item enumeration of the total dollar amount of
$112,688.94 shall be amended by adding the following paragraph: Equipment, whether in
the nature of hardware, software, or other accessories not listed in the system equipment
itemization, which equipment totals $112,688.94, which are necessary to complete the Key
West Police Department requirements for a fully functioning 911 center, and shipping costs
shall be included in the goods and services to be provided under this contract, as long as
the total amount of all goods and services, adjusted for any discounts or credits which the
County may receive from Contractor, shall not exceed $112,688.94. Any additional
equipment, modifications, and inclusion of freight charges are permissible within the
maximum dollar amount allowed under the contract under paragraph 3, Compensation.
These shall include 1A2 interrupter cards, 1A2 line cards, 1A2 shelves, 1A2 power supply,
charges for equipment not returned, charges for equipment returned damaged' or defective,
and freight charges.
2. This amendment shall be effective nunc pro tunc as of the date of the original agreement
3. All other provisions of the contract dated September 18, 2002, not inconsistent herewitlg
shall remain in full force and effect. o
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the dVt u)
and year first above written. ¢
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(Seal) BOARD OF COUNTY COMMISSIONERS 0
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Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA 0 Cr
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By:
Deputy Clerk
(Seal)
Attest:
By:
Monroe County Mayor
POSITRON PUBLIC SAFETY SYSTEMS, INC
By: By:
Corporate Legal Counsel
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OUNTY jon�NROE
WESTOA 33040
(305)294.4641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 - Phone
305/292-3516-Fox
"� a
MEMORANDUM
TO: Maggie Cordova
Emergency Communications
FROM: Suzanne A. Hutton
Assistant County Attorne
DATE: July 1, 2003
SUBJECT: Positron 911 (Key West Police Dept.) Contract Invoice
BOARD OF COUNTY COMMISSIONERS
MAYOR Dixie M. Spehar, District 1
Mayor Pro Tem, Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
You have inquired as to the appropriate way to proceed given the fact that the Finance Dept. has
questioned several items and advised an amendment to contract in order to pay the rest of the invoice.
You have provided to me a copy of Positron invoice #910163. Since the total amount of the invoice is
some $8,000 less than the maximum for which we contracted, in retrospect I realize we probably should
have included a provision that line items could be adjusted by no more than 10% as long as the total
dollar amount didn't change and as long as County staff approved the line item adjustments, without us
having to go back for a contractual amendment. Unfortunately we did not, and there are clearly some
items that are included in the invoice which were not in the agreement with Positron, except to the extent
that the contract was intended to be for everything necessary to complete the 911 system. Other items
very possibly could legitimately fall under the line items of the contract based on the configuration
parameters sheet in Exhibit B of the contract, except that the dollar amounts for those line items are, at
least in the instance of peripherals and accessories already met by other items on the invoice.
Accordingly, it is my advice that an -amendment be provided to the County Commission to clarify that the_
intent of the contract was to cover the unanticipated replacement of nonfunctioning or physically missing
equipment and other items which became necessary in the course of the project but which are not clearly
specified in the contract. Although we originally contracted, as I have previously opined in my memo
dated February 5, 2003 for freight to be at the cost of Positron, since the vendor was able to provide all of
the goods and services necessary to this project at less than the maximum set forth in the contract, and
since unanticipated shipments were necessary due to the unanticipated replacement of missing or
nonfunctional equipment, it seems reasonable to include in the amendment a provision for freight to be
covered. Accordingly, I would suggest providing to Positron the following amendment for execution and
subsequent submission to Finance for final payment of the remainder of the bill not yet paid.
cc: Sandy Carlile
KEY WEST POLICE DEPARTMENT 911 CENTER AGREEMENT
THIS AGREEMENT is entered into this 18"' day of September, 2002, by and between
Monroe County, a political subdivision of the State of Florida, whose address is Gato Building,
1100 Simonton Street, Key West, FL 33040 (County), and Positron Public Safety Systems Inc.
(CONTRACTOR), a Canadian corporation whose address is 5101 Buchan Street, Montreal, Quebec
Ii4P 2R9.
WHEREAS, County obtained equipment and provided for installation and service thereof for
the City of Key West 911 Emergency Communications Center-, and
WHEREAS, the Key West Police Department 911 Center is being relocated from 525 Angela
Street to 1600 North Roosevelt Blvd., Key West, Florida,- and
WHEREAS, it is necessary to obtain additional equipment, provide relocation of existing
equipment and modify and reconfigure the Key West 911 Center; now, therefore
IN CONSIDERATION of the following mutual covenants and promises contained herein, the
parties agree as follows:
1. TERM. This agreement shall commence the 181h day of September, 2002 and
continued through the 15th day of November, 2003, unless earlier terminated or extended in
compliance with other provisions below.
2. SCOPE OF SERVICES. Contractor shall provide for equipment, relocation, addition,
modification and reconfiguration of the City of Key West 911 Center as more particularly
described in Exhibit A (Exhibit A is the bid specification for the Key West 911 relocation provided
by Monroe County Emergency Communications Department), attached hereto and incorporated
herein.
3. COMPENSATION. Contractor shall be paid a maximum of $ 112,688.94 (One
hundred twelve thousand six hundred eighty eight Dollars and ninety four cents) in accordance
with the pricing provisions of Exhibit B (Exhibit B is the bid proposal submitted to Monroe County
by Positron Public Safety Systems), attached hereto and incorporated herein, unless the parties
mutdally agree to any additions in writing. Payment shall be made after submission to County of
documentation which substantiates the completion of the services and provision of equipment as
described in Exhibit A. The County's performance and obligation to pay under this agreement is
contingent upon an annual appropriation, on September 18, 2002, for fiscal year ending
September 30, 2003, by the Monroe County Board of County Commissioners. In the_ event that
-the funding is not approved by the Monroe County Board of County Commissioners on September
18t', 2002, this contract shall be deemed null and void.
4. INDEMNIFY AND HOLD HARMLESS. The' Contractor covenants and agrees to
indemnify and hold harmless Monroe County Board of County Commissioners and the City of Key
West from any and all claims for bodily �ihjury (including death), personal injury, and property
damage (including property owned by Monroe County and/or Key West) -and any -other losses,
damages, and expenses (including -attorney's fees) which arise out of, in connection w1th, or by -
reason of services provided by the Contractor or any of its subcontractor(s) occasioned by the
negligence, errors, or other wrongful act or omission of the Contractor or its sub Contractor(s),
their employees, or agents. In the event the completion of the project (to include the work of
others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all increased
expenses resulting from such delay. The first $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.
5. INSURANCE REQUIREMENTS. Insurance requirements shall include Workers
Compensation, General Liability Insurance in the amount of $100,000 per person, $500,000 per
occurrence, $500,000 combined single limit, Motor Vehicle Liability Insurance with a combined
single limit of $300,000.00 and Motor Vehicle Cargo Insurance.
6• INDEPENDENT CONTRACTOR. In carrying out the Work the Contractor is an
independent contractor and in no way may be considered or deemed an employee or- officer of the
County.
7. WARRANTY. Contractor shall warrant that all equipment provided under this
Agreement conforms to the equipment specifications of the Request for Bid dated May 24, 2002.
The warranty shall remain valid for 12 months from the date of equipment installation and shall
cover fully workmanship, materials and labor on repairs. Contractor is required under this
warranty to remedy any such defect at its own expense and shall guarantee the availability of
service assistance, repairs, and spare parts for a minimum of seven years after equipment
delivery.
8. NON DISCRIMINATION. The Contractor agrees that it will not unlawfully
discriminate against any of its employees or applicants for employment because of their race,
color, religion, sex, national origin or disability. The Contractor must insert a provision similar to
this paragraph in any subcontracts awarded under this contract except those for the purchase of
commercial supplies and raw materials.
9. ETHICS CLAUSE. The Provider warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
10. INTERPRETATION. Any discrepancies in the interpretation of this contract shall be
resolved by reference to the Request for Bids dated May 24, 2002.
11. CONSENT TO JURISDICTION. This contract is governed by the laws of the State of
Florida. Venue for -any litigation arising under this contract must be -in a court of competent
jurisdiction in Monroe County, Florida.
12. RECORDS. The Contractor shall keep such records as are necessary to document
the performance of the agreement, and give access to these records at the request of the County
or authorized agents or representatives of County. It is the responsibility of Contractor to
maintain appropriate records to insure a proper accounting of all funds and expenditures. The
Contractor understands that it shall be responsible for repayment of any and all audit exceptions
which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe
County, the Board of County Commissioners of Monroe County, or their agents and
representatives. In the event of an audit exception, the current fiscal year contract award or
subsequent contract awards witl be offsefty the amount of the audit -exception. In the event the
contract is not renewed or —supplemented- in future years. The Contractor will_ be billed by -the
County for the amount of the audit exception a shall promptly repay any audit exception.
13. COMPLIANCE WITH LAW. In carrying out its obligations under this Agreement, the
Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to or regulating
the provisions of this Agreement, including those now in effect and hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this
Agreement and shall entitle the County to terminate this Agreement immediately upon delivery of
written notice of termination to the Contractor.
2
- ---
Ix
14. NOTICE. Any written notice to be given to either party under this Agreement or
related hereto shall be addressed and delivered as follows:
FOR COUNTY FOR CONTRACTOR
Norm Leggett County Attorney Sidney Bouzaglo Dimitra Diplarakos
10600 Aviation Blvd. PO Box 1026 VP, Products and Set -vices Corporate Legal Counsel
Marathon, FL 330,10 Key West, FL 330,11 5101 Buchan Street Fax: 514-345-.2227
Montreal, Quebec H413 2R9
15. ANTI -KICKBACK. The Contractor warrants that no person has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a
commission, percentage, brokerage or contingent gee, and that no employee or officer of the
County has any interest, financially or otherwise, in the said funded project, except for general
membership. For breach or violation of this warranty, the County shall have the right to annul
this Agreement without liability or, in its discretion, to deduct from the Agreement price or
consideration, the full amount of such commission, percentage, brokerage or contingent fee.
16. TERMINA-HON. This Agreement shall terminate on November 15, 2-003.
Termination prior thereto shall occur whenever funds cannot be obtained or cannot be continued
at a level sufficient to allow for the continuation of this Agreement pursuant to the terms herein.
In the event that funds cannot be continued at a level sufficient to allow the continuation of this
Agreement pursuant to the terms specified herein, the' Agreement may then be terminated
immediately by written notice of termination delivered in person or by mail to Contractor. The
County may terminate this Agreement without cause upon giving 7 days written notice of
termination to Contractor. The County shall not be obligated to pay for any services or goods
provided by Contractor after Contractor has received written notice of termination.
17. TERMINATION FOR BREACH. The County may immediately terminate this
Agreement for any breach of the terms contained herein. Such termination shall take place
immediately upon receipt of written notice of said termination. Any waiver of any breach of
covenants herein contained to be kept and performed by -Contractor. shall not be deemed or
considered as a continuing waiver and shall not operate to bar or prevent the Contractor from
declaring a forfeiture for any succeeding breach either of the same conditions or of any other
conditions.
18. PUBLIC ENTITY CRIME STATEMENT. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid on a_ contract
with a public entity for the construction or repair of a public building or public work, may not
submit bids n leases of real property to public entity, mad not be awarded or perform work as a
contractor, supplier, subcontractor, or Contractor under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Sec. 287.017, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list. If the Contractor is on -the convicted vendor list, --then this Contract is void
ab initio with the County —under no- obligation to pay the Contractor any compensation or damages
under any legal theory whatsoever.
19. AUTHORITY. Contractor warrants that is authorized by law to engage in the
performance of the activities encompassed by the project herein described. Each of the
signatories for the Contractor below certifies and warrants that the Contractor's name in this
Agreement is the full name as designated in its corporate charter (if a corporation); they are
empowered to act and contract for the Contractor, and this Agreement has been approved by the
Board of Directors of Contractor or other appropriate authority.
20." LICENSING AND PERMITS. Contractor warrants- that it shall have, prior to
commencement of work under this Agreement and at all times during said work, all required
licenses and permits whether federal, state, County or City.
3
21. ENTIRE AGREEMENT. The parties agree that this written contract represents their final mutual
understanding and replaces any prior communications or representations between the parties, whether written
or oral. This contract may only be modified in a writing agreed to, and executed by, both parties.
WITNESS WHEREOF, Uie parties hereto have set their hands and seals the day and year first above
OrEA
\� ~r BOARD OF COUNTY COMMISSIONERS
NY L. KOLHAGE, CLERK OF MONROE COU FLORIDA
BY
Deputy Clerk Mayor/dhairperson
IdconKW911
CONTRACTOR
By
Tits President & CEO
APPROVED AS TO FOR
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