8th Change Order 12/15/2021 CHANGE Distribution To:
ORDER Owner Architect Contractor
Field Other
KWIA Customs Terminal Annex Repairs,
PROJECT: Renovations,&Equipment CHANGE ORDER NUMBER: Eight(8)
3501 S Roosevelt Blvd INITIATION DATE: 11/30/2021
Key West,FL 33040 GC'S PROJECT NO, 2004
KWIA Customs Terminal Annex
CONTRACT FOR: Repairs,Renovations,&Equipment
TO(CONTRACTOR) D.L.PORTER CONSTRUCTORS, INC. CONTRACT DATE: 3/20/2020
6574 Palmer Park Circle
Sarasota,FL 34238
You are directed to make the following changes in this Contract: u
You are directed to make the following changes to the contract:
1) Add HDMI to each Supervisors office,change podium microphones to ceiling hanging
microphones,and change LPPD disposer breaker to 3 phase circuit.
Disassemble,relocate and reassemble X-Ray equipment,which involves creating an opening
within the active Customs workplace(not part of the phased area of work)that is an existing
security wall(we have not included repairing said wall once the necessary selective
demolition is completed,remove and reinstall the existing front entry storefront(necessary
to allow the equipment to be removed from the space),misc.corrective work(i.e.stucco repair,
caulking&exterior pain touchup,along with the cost to handle the x-ray equipment itself.
Mointoring service of the Bosch B9512G Control Panel using Celluar(3 months)provided by Hy-Tech Solutions.
(COR#23)
ADD $ 57,841.18
Total of CO#8 $ 57,841.18
Not valid until signed by both the Owner and Engineer.
Signature of the Contract ind' tea his agreement herewith,includin en ad uslment in the Contract Sum or Conlraet Time.
The original Contract Sum was $ 2,931,223.00
Net change by previously authorized Change Orders $ 931,223.00
The Contract Sum prior to this Change Order was $ 3,583,362.77
77
The Contract Sum will be increased by this Change Order $ 54,58 .77
The new Contract Sum including this Change Order will be $ 3,557,841.18
The Contract Time will be Increased by Days
95
The Date of Substantial Completion as of the date of this Change Order therefore is 6/30/21
ENGINEER CONTRACTOR OWNER
AVCON,Inc. D.L.Porter Constructors, Inc _Monroe County Board of County Commissioners
ADDRESS ADDRESS ADDRESS
5555 E Michigan Street Suite 200 6574 Palmer Park Circle 34918 Roosevelt Blvd
Orlando L-32822 Sarasota FL 342 K
ISey Weser FL 33040
BY r
BY �
By
Ire Hera / / Dec® 12/15/2021
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-- /15/21 it/torAirports 12.15.21
Change Order Attachment per Monroe County Code Section - ( )
Change Order was not included in the original contract specifications. Yes ( x ) No ( )
If Yes, explanation Includes unforeseen roof conditions that required repair to eliminate
leaks. Other items are owner and CBP additions to project.
Change Order was included in the original specifications. Yes ( ) No ( x)
If Yes, explanation of increase in price:
Change Order exceeds$50,000 or 5%of contract price(whichever is greater).Yes( ) No(x)
If Yes, explanation as to why it is not subject for a calling for bids:
® Project architect approves the change order. Yes(x) No()
If no,explanation of why
Change Order is correcting an error or omission in design document. Yes ( ) No (x)
Should a claim under the applicable professional liability policy be made? Yes( ) No (x)
Explain:
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Hy-Tech Solutions
!:!y 905 Overseas Hwy
SOLUTIONS INC. Key West,FL 33040
V
Project Name: Customs and Border Patrol COR: 8
Site Address 1: 3491 S Roosevelt BLVD Contract Number:
Site Address 2: Key West,FI 33040 Date Submitted: 10/22/2021
Contractor: DL Porter
Attn: Robert Blanchard
Phone Number:
Email Address:
Scope Of Work: Add HDMI to Each Supervisor Office to Monitor Cameras with and All Hardware to make it
Work
NOTE: HDMI to be Ran over CAT6 Wire to Converters in Both Offices
The Chance Order Request shall Include the ollowln
This Change Order includes(1)HDMI Splitter to Extender,(2)CAT6 to HDMI Converters,Wire Ran to a
and tested to each of the(2)Supervisors Office in the New CBP Offices.
Total Pricing $8,031.81
The Project-Duration shall be Increased by a total number of Calendar Days [M-F] N/A
The above proposed COR shall be valid for thirty[30]days from the Date Submitted.For any circumstances arising,with which
the above outlined Scope Of Work and/or Equipment is delayed,Florida Keys Electric,Inc.shall not be held responsible for any
damages,fees,or penalties by the Contractor or Owner.
General Contractor: Sub-Contractor:
DL Porter Hy-Tech Solutions
Approved by: Approved by:
Robert Blanchard Jonathan Phelps
Title: Title:
Project Manager Project Manager
Signature: Signature:
Date• Date:
Hy-Tech Solutions
BY �rh 905 Overseas Hwy
SOLUTIONS INC. Key West,FL 33040
Project Name: Customs and Border Patrol CDR: 9
Site Address 1: 3491 S Roosevelt BLVD Contract Number:
Site Address 2: Key West,FI 33040 Date Submitted: 10/22/2021
Contractor: DL Porter
Attn: Robert Blanchard
Phone Number:
Email Address:
Scope Of Work: Remove Microphones from Pedestals,Pull Wire to Ceiling Location,Install and Program
Microphones hanging from Ceiling at(4)Pedestals and(1)at Xray Motion,Installation of(2)Quad 120v Electrical
Outlet above drop ceiling for power to new Microphone Locations.
NOTE: Hy-Tech will not be filling holes in Pedestal where we were directed to Install Microphones originally.
The Change Order Request shall lnclude the following•
Removal of Microphones from(4)Pedestals(Patching to be done by others)
Pull new Wire to Location of new Microphones to LAN Room.
(2)Quad Outlets to be installed above drop ceiling near new Microphone Locations
(5)Crown AKG CHM99 Hanging Microphone installed @(4)Pedestals and(1)Way Machine.
Installation,Programming and Testing
Total Pricing $14,506.26
The Project-Duration shall be increased by a total number of Calendar Days [M-Fj N/A
The above proposed COR shall be valld for thirty 130]days from the Date Submitted.For any circumstances arising,with which
the above outlined Scope Of Work and/or Equipment is delayed,Florida Keys Electric,Inc.shall not be held responsible for any
damages,fees,or penalties by the Contractor or Owner.
General Contractor: Sub-Contractor:
DL Porter Hy-Tech Solutions
Approved by: Approved by:
Robert Blanchard Jonathan Phelps
Title: Title:
Project Manager Project Manager
Signature• Si nature:
Date: Date:
Florida Keys Electric,Inc.
_AF!7ANNEWAAWF FLOR/DAMEYS 5730 2ND Avenue
RMW ELECTRIC,/NC. Key West,FL 33040
fiKPREMIER ELECTRICAL CONTRACTOR
Project Address: K.W.I.A.Terminal Annex Repairs[CBP] COR:#009
3491 S.Roosevelt Boulevard Contract Number:
Key West,FL 33040 Date Submitted:10.08.2021
Contractor: D.L.Porter Constructors,Inc.
6574 Palmer Park Circle
Sarasota,FL 34238
Scone of Work:
Scope:Re-pull power circuit to Include necessary size&number of conductors to supply 3-Phase
power to disposal in Lab.Remove and replace 2-Pole 20A breaker In LPPD with a 3-Pole 30A
breaker to supply added conductor.
The Chan a Order R auest shall Include the fallowing•
Provide labor,equipment,&materials for the Installation 3-Phase disposal circuit&breaker 30,M0 $4, -B 93
OH&P[15%] $6 .89
Total Adjustment to Contract[$U.S.) $4,74 .82
n
The Project-Duration shall be increased by a total number of Calendar Days[M-F] 2 Days
The above proposed COR shall be valld for thirty 1301 days from the Date Submitted.For any circumstances arising,with which the
above outlined Scope of Work and/or Equipment is delayed,Florida Keys Electric,Inc.shall not be held responsible for any damages,
fees,or penalties by the Contractor or Owner.
General Contractor: Sub-Contractor:
D.L.Porter Constructors,Inc. Florida Keys Electric,Inc.
Gary Loer Raymond Vazquez
Title:President Title:President
Signature: Signature:
Date: Date:
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Service Quotation
Rapiscan Systems Inc
2805 Columbia Street
Torrance, California 90503
Phone: 888-258-6684
Fax: 310-349-2641
Buyer: D.L.Porter Constructors INC Date: 09/14/21
Contact: Gary Loer Quote: S0023732
Address: 6574 Palmer Park Cir Job Number
Sarasota,FL 34238-2777
E-Mail Robert Blanchard<robert®DLPORTER. No.of Archived Versions o
Payment Terms
Part Description Quantity Unit Price Extended Price
526115-G33 RAP 526,115V SYSTEM,W/33 STD.CONV,GSA
"SITE SURVEY FIR RELOCATION OF SERIAL NUMBER
90724N35 526"
LOCATION:
Key West International Airport
RES000022 SITE SURVEY 1 1,200.00 1,200.00
T&M "ESTIMATED ONLY-ACTUAL EXPENSES MAY VARY
"'QUOTE IS VALID FOR 90 DAYS"""
"RAPISCAN WILL PROVIDE ANOTHER ESTIMATE,IF
ADDITIONAL PARTS AND/OR LABOR ARE NEEDED."
"PAYMENT ARRANGEMENTS NEED TO BE MADE PRIOR
TO DISPATCHING AN ENGINEER AND/OR SHIPPING PARTS""
"LOCAL AND STATE TAXES MAY APPLY"
""SALES TERM AND CONDITIONS
http://www.rapiscansystems.com/termsandconditions
Service Quotation
Rapiscan Systems Inc
2805 Columbia Street
Torrance, California 90503
Phone: 888-258-6684
Fax: 310-349-2641
Buyer: D.L.Porter Constructors INC Date: 09/14/21
Contact: Gary Loer Quote: SQ023732
Address: 6574 Palmer Park Cir Job Number
Sarasota,FL 34238-2777
E-Mail Robert Blanchard<robert@DLPORTER. No.of Archived Versions 0
Payment Terms
Part Description Quantity Unit Price Extended Price
TOTAL: $ 1,200.00
Prepared :
This Quotation/Proposal Is subject to Rapiscan Service Terms and Conditions G502(the"Service Terms"),available at
www.rapiscansystems.com/termsandconditions. Notwithstanding the foregoing,if Buyer has a pre-existing framework agreement
with Rapiscan under which it will place Its order for the products and services identified in this Quotation/Proposal(e.g..authorized
service provider agreement,master ordering agreement agreement),then this Quotation/Proposal is subject to such pre-existing
framework agreement.By accepting this Service Quotation and/or our performance hereunder,Buyer agrees to be bound by the
Service Terms.
Any item that is identified as"Out Of Stock"or"Back Ordered"Is not currently in stock and is subject to delays.Products that fall
Into the category of generators,computers,and other electrical components often have delays during the manufacturing process.
If you place your order with Rapiscan Systems and the product is out of stock,a customer service representative will notify you by
email and provide an estimated ship date.
Buyer
Signature:
Name:
Title:
Date:
Service Quotation
Rapiscan Systems Inc
2805 Columbia Street
Torrance, California 90503
Phone: 888-258-6684
Fax: 310-349-2641
Buyer: D.L.Porter Constructors INC Date: 10/27/21
Contact: GAry Loer Quote: SQ024048
Address: 6574 Palmer Park Cir Job Number
Sarasota, FL 34238-2777 REQUESTOR:Robert Blanchard
E-Mail Robert Blanchard<robert®DLPORTER. No.of Archived Versions 0
Payment Terms
Part Description Quantity Unit Price Extended Price
626116-G33 RAP 626,116V SYSTEM,W/33 STD.CONV,GSA
"QUOTE FOR DE-INSTALL,MOVE AND RE-INSTALL UNIT
WITH S/N 90724N35"
UNIT TO BE MOVED FROM ONE ROOM TO ANOTHER'"
"SOME DOORS NEED TO BE OPEN"
RES000022 DE-INSTALL HOURS 4 225.00 900.00
RES000022 RE-INSTALL HOURS 4 225.00 900.00
TRES000026 PM/RAD(FFP) 1 1,200.00 1,200.00
TRES000014 PERSONAL CAR MILEAGE TO AIRPORT 90 0.54 48.60
TRES000023 TOLLS 1 25.00 25.00
TRES000039 PARKING-AIRPORT 1 25.00 25.00
TRES000017 AIRFARE 1 278.00 278.00
TRES000022 TRAVEL EXPENSE(LUGGAGE) 2 50.00 100.00
TRES000010 CAR RENTAL&FUEL 1 93.00 93.00
TRES000012 HOTEL 1 349.00 349.00
TRES000016 PER DIEM 1 45.00 45.00
TRES000021 TRAVEL HOURS 6 225.00 1,350.00
TRES000024 MOVE,RIGGERS 1 4,000.00 4,000.00
DE-INSTALL AND RE-INSTALL LOCATION:
DHS-CUSTOMS AND BORDER PROTECTION
Key West International Airport
3491 South Roosevelt
KEY WEST,FL,33040
USA
T&M "ESTIMATED ONLY-ACTUAL EXPENSES MAY VARY
'QUOTE IS VALID FOR 90 DAYS"'
''RAPISCAN WILL PROVIDE ANOTHER ESTIMATE, IF
ADDITIONAL PARTS AND/OR LABOR ARE NEEDED."
Service Quotation
Rapiscan Systems Inc
2805 Columbia Street
Torrance, California 90503
Phone: 888-258-6684
Fax: 310-349-2641
Buyer: D.L.Porter Constructors INC Date: 10/27/21
Contact: GAry Loer Quote: SQ024048
Address: 6574 Palmer Park Cir Job Number
Sarasota, FL 34238-2777 REQUESTOR:Robert Blanchard
E-Mail Robert Blanchard<robert®DLPORTER. No.of Archived Versions D
Payment Terms
Part Description Quantity Unit Price Extended Price
"PAYMENT ARRANGEMENTS NEED TO BE MADE PRIOR
TO DISPATCHING AN ENGINEER AND/OR SHIPPING PARTS"
"LOCAL AND STATE TAXES MAY APPLY"
'DELIVERY:Delivery will be established at time
of order placement based on current stock and
backlog.
COVID-19
Due to the global COVID-19 pandemic,Rapiscan
may experience supply chain interuptions,travel
restrictions and the implementation of health and
safety procedures that could delay product
deliveries,product installations,spare parts
availability,maintenance,repair work,
and technical support,among other deliverables
and services.Rapiscan will endeavor to plan
for and limit the impact that these and other
types of force majeure events may have on you
"our customer',but we cannot guarantee
currently anticipated performance
dates and response times.
Service Quotation
Rapiscan Systems Inc
2805 Columbia Street
Torrance, California 90503
Phone: 888-258-6684
Fax: 310-349-2641
Buyer: D.L.Porter Constructors INC Date: 10/27/21
Contact: GAry Loer Quote: SQ024048
Address: 6574 Palmer Park Cir Job Number
Sarasota,FL 34238-2777 REQUESTOR:Robert Blanchard
E-Mall Robert Blanchard<robert®DLPORTER. No.of Archived Versions o
Payment Terms
Part Description Quantity Unit Price Extended Price
TOTAL: $ 9,313.60
Prepared by:
This Quotation/Proposal is subject to Rapiscan Service Terms and Conditions G502(the"Service Terms"),available at
www.rapiscansystems.com/termsandconditions. Notwithstanding the foregoing,if Buyer has a pre-existing framework agreement
with Rapiscan under which it will place its order for the products and services identified in this Quotation/Proposal(e.g.,authorized
service provider agreement,master ordering agreement agreement),then this Quotation/Proposal is subject to such pre-existing
framework agreement. By accepting this Service Quotation and/or our performance hereunder, Buyer agrees to be bound by the
Service Terms.
Any item that is identified as"Out Of Stock'or"Back Ordered"is not currently in stock and is subject to delays. Products that fall
into the category of generators,computers,and other electrical components often have delays during the manufacturing process.
If you place your order with Rapiscan Systems and the product is out of stock,a customer service representative will notify you by
email and provide an estimated ship date.
Buyer
Signature:
Name:
Title:
Date:
Purchase Order No.:
Monroe Glass&Mirror Estimate
3214 Flagler Ave. #2
Key West, FL 33040-6869
305-296-6246
monroeglass@gmail.com
ADDRESS j fi SHIP TO
DL Porter Construction DL Porter Construction
DL Porter Construction DL Porter Construction
D.L.Porter Constructors, Inc. D.L.Porter Constructors, Inc.
6574 Palmer Park Circle 6574 Palmer Park Circle
Sarasota, FL 34238 Sarasota, FL 34238
ESTIMATE"# DATE
60536 11/23/2021
ORDER BY PROJECT
Robert Key West Airport Customs
QTY/SF RATE AMOUNT
Labor To Remove/Reinstall Single Door two Sidelites Glass and Frames. Remove/ 1 4,300.00 4,300.00'
Reinstall Single door and Assist with Relocating X-Ray Machine.
TOTAL
$4,300.00
Accepted By Accepted Date
Customer Confirmation:
Completed By:
/10"N
Hy-Tech Solutions Acctff:
sselEh 5730 2nd Ave - Key West,FL 33040
SOLUTIONS INC. (305)286.5111...Lied EC 13007833
Hy-TechSolutions.com
MONITORING AGREEMENT
LOCATION
Customs and Border Patrol 3491 S Roosevelt BLVD N/A
CUSTOMER'S NAME CUSTOMER'S ADDRESS EMAIL ADDRESS
305-296-0303 Key West FL 33040 10/22/2021
CUSTOMERS TELEPHONE CITY STATE ZIP DATE
BILLING
Key West International Airport 3491 S. Roosevelt BLVD Bethel-T ler@MonroeCount -FL.Gov
BILLING NAME BILLING ADDRESS EMAIL ADDRESS
05-809-5200 Key West FL 33040
BER CITY
STATE ZIP
CUSTOMER AGREES TO HAVE HY-TECH SOLUTIONS,INC.PROVIDE CENTRAL OFFICE MONITORING SERVICE AS SPECIFIED
BELOW AND AS AGREED PURSUANT TO THE TERMS AND CONDITIONS SPECIFIED IN THIS AGREEMENT.
Control: Bosch B9512G Control Panel Communicator:
j2)Bosch 6430 Plu -In T lehone Communicator
Central Station Signal eneral® System Type:
y
Notification Service per month $35.00 Installation Cost $1764.28
❑ UL Fire System per month _ ® Burg ❑ Fire ❑ Elevator 0 Other
Permit Fees N/A
❑ Cellular per month(backup or primary)
Services included: Total install cost $1764.28
❑ Internet per month(backup or primary)Q Bur— lary Temperature
Monitoring
Monthly Reports per month ® Panic ® Moisture (per period) $105.00
❑ Maintenance per month ®Fire ❑Other Sales Tax
❑Other Services(list in below schedule)
N/A
Billing frequency: Initial monitoring
Invoice $1869.28
TOTAL EXCLUDING TAX(monthly) $35.00 ®Quarterly MonthlyYearly
❑ ❑ Subsequent
}
i monitoring Invoices $105.55
IME60LEOF ENT
This set up will require 2 POTS Lines to function Properly.We can go Cellular Making Cost as Follows for Cellular Initial Monitoring invoice 2414.2
Instead which will add$500 to the Initial Cost of the Installation and a Subsequent Monitoring $150.00
additional$15.00 to the Monthly Monitoring Bill as well. r
IN WITNESS WHEREOF,the parties hereto have affixed their signature this 22nd day of October 2021
(RaddeMaltmucdon o*)YOU THE BUYER MAY CANCEL THIS TRANSACTION ATANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAYAFTER THIS TRANSACTION.
—Tnllie
Subscriber Hy-Tech Solutions,Inc.
Name: Jonathan Phelps
Subscriber or Subsalber Agent(pdnled) HY-TECHRepdsentallve at Mermer"led)
By: Approved: Jonathan Phelps 10/22/2021
Subscriber or SubscriberAgent(signed) HY-TECH Representative or Meneger(signed)
Tills: Title: Project Manager
THE TERMS AND CONDITIONS ABOVE AND ON THE FOLLOWING PAGES HEREOF,INCLUDING PARAGRAPHS 1 THROUGH 27 INCLUSIVE,ARE INCORPORATED
HEREIN AND BY REFERENCE MADE APART HEREOF PLUS 0 ADDENDUM PAGES: rev06.102020
Page 2 of 4
1.SCOPE:Hy-Tech Solutions,Inc.(hereinafter referred to as"Hy-Tech")agrees to provide central station monitoring services at the above Installation location(hereinafter
referred to as`l he Location)according to the terms of this Agreement.
2.CONTRACT SCOPE:a)Commencing as of the date of the installation or when communicator reprogramming is completed,subscriber agrees to pay Hy Tech,its
Agents,or Assigns the sum of per month plus tax,payable in advance each billing period as noted above for a period of 5 years.Hy-Tech shall have no obligation
to maintain the system Installed pursuant to this Agreement unless this Agreement provides for system maintenance.Hy-Tech shall,In addition,Incur no liability for
loss,damage,or Injury suffered by Subscriber arising out of any failure in the system due to the lack of proper maintenance of the system and references In the
Agreement to Hy-Tech's affirmative undertaking to maintain the system shall be deemed inapplicable.
b)This agreement shall be automatically renewed and continue to renew for the same period of time and terms as set forth herein,unless either party
notifies the other in writing of Its Intention to terminate by Certified Mail,Return Receipt Requested at least sixty(60)days prior to the expiration of the Initial term.
Once the Initial term expires and the agreement has renewed,either party can terminate this agreement by giving ninety(90)days'notice at anytime.
c)All fees and charges are payable in advance.Accounts more than thirty(30)days past due will be charged a late fee of 1-1/2%per month or the maximum rate
permitted by law,whichever Is less.Hy-Tech shall have the right to Increase the recurring monthly fees provided herein,upon written notice to Subscriber,at any time or
times after the date service is operative under this Agreement.Subscriber agrees to notify Hy Tech of any objections to such Increase in writing within twenty(20)days after
the date of notice of Increase,failing which it will be conclusively presumed that Subscriber agrees to such Increase.In the event Subscriber objects to such Increase,Hy-
Tech may elect to(1)continue this Agreement under the terms and conditions In effect Immediately prior to such Increase,or(2)terminate the Agreement upon a
minimum of fifteen(15)days advance notice to Subscriber.
d)All charges set forth herein are based upon existing federal,state and local taxes and utility charges.Subscriber agrees to pay any false alarm assessments as well
as Increased or additional taxes,fees,or charges which may hereafter be Imposed by any governmental agency or utility with relation to the installation,maintenance,and/
or service provided under the terms of this Agreement.Hy-Tech,at Its option,may pass on any reduction in said taxes,fees or charges but shall not be obligated to do so.
e)Subscriber also agrees to pay any Increase In charges that Hy-Tech pays for the use of facilities needed to transmit signals under this Agreement and any
additional levied service charges.
0 Communication methods may require resources not provided by Hy-Tech nor in either Hy-Tech's or Subscriber's control.These include but are not limited to
phone lines,power for routers,cellular service,network switches,etc.Hy-Tech Is not responsible for any failure of the alarm panel to report to central station due to failure
of any of these resources.
3. INSTALLATION AND REMOVAL OF EQUIPMENT:a)Hy-Tech Is hereby authorized to make any preparation,such as drilling holes,driving nails,making attachments,or
doing any other things necessary or pertinent to the installation and maintenance of the material described in the Schedule and Hy-Tech shall not be responsible for any
condition created thereby during the Installation,maintenance or removal of the equipment and further Hy-Tech shall not be responsible for the condition of premises upon
the removal of the apparatus under all conditions.Upon the termination of this Agreement,all the equipment loaned to Subscriber or considered Hy-Tech's property
pursuant to this Agreement shall be returned to Hy Tech in the same condition as on the date of installation,normal wear excepted.Any removal of equipment shall only be
done by Hy Tech and Hy-Tech will remove only such equipment as it may elect,in Its discretion,to recover.Upon removal of any equipment Hy-Tech shall have no
obligation to repair or redecorate any portion of the Subscriber's premises.Subscriber hereby authorizes but does not obligate Hy-Tech to make Inspections,tests and repairs
as required to maintain the equipment outlined in the Schedule of Protection.Subscriber agrees to provide all required access needed by Hy-Tech to install,Inspect,maintain
and/or remove the equipment.
b) In order to facilitate communication with central station and to appropriately secure the communication equipment Hy-Tech may have provided,including but
not limited to hardware,software,programming,and/or programming codes.This material and Information are and remain the property of Hy Tech.Upon termination of
this agreement Hy-Tech's only responsibility to the Subscriber is to reset all of Subscribers equipment to default values or provide the programming or Installer's code.Hy-
Tech will restore Subscriber equipment to default values only when all obligations of the Subscriber have been met or waived by Hy-Tech.Subscriber hereby Subscriber
agrees to allow this access at a mutually agreed upon time,authorizes H)4ech to access the control panel locally or remotely to Input or delete data programming or
default certain security codes upon termination of this agreement should a visit to the Location be necessary.
4.ADDITIONAL PROTECTION:Subscriber acknowledges that additional protection may be obtained from Hy-Tech over and above that provided herein at an additional
cost.Hy-tech offers many grades and types of service and It is Subscribers responsibility to select the service appropriate for him(her).
S.LIABILITY:It Is understood and agreed:that Hy-Tech is not an Insurer,that Insurance,if any,covering personal Injury and property loss or damage at the location shall
be obtained by Subscriber,that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the
Subscribers property or the property of others at the Location.Subscriber does not seek Indemnification by this Agreement from Hy-Tech against any loss of or
damage to Subscribers property or the property of others at the Location or against any personal Injury at the Location.Subscriber hereby waives and releases any right
to recover any damages against Hy-Tech that Subscriber may have under this Agreement or otherwise.Hy-Tech makes no guarantee of warranty,including any implied
warranty of merchantability or fitness that equipment or services supplied will avert or prevent occurrences or the consequences wherefrom which the equipment or
services is designed to detect or avert.Subscriber acknowledges that it is impractical and extremely difficult to fix the actual damages,if any,which may proximately
result from a failure to perform any of the obligations herein,or the failure of the equipment and/or services to properly operate with resulting loss to Subscriber because of,
among other things:
a)The uncertain amount of value of Subscriber's property or the property of others kept at the Location which may be lost,stolen,destroyed,damaged or
otherwise affected by occurrences with the system or service Is designed to detect or avert.
b)The uncertainty of the response time of any police department,emergency service,fire department or other service responding to a signal,should the police
department or fire department or other service be dispatched as a result of a signal being received or an audible device sounding.
c)The Inability to ascertain what portion,if any of any loss would be proximately caused by Hy-Tech's failure to perform or by failure of its equipment to operate.
d)The nature of the service to be performed by Hy-Tech.
e)The uncertain loss,damage or injury sustained by Subscriber or any guest,Invitee or other Individual at the location that would be proximately caused by Hy
Tech's
failure to perform or by the(allure of equipment provided by H)-Tech to operate.Subscriber understands and agrees that if Hy-Tech should be found liable for loss,
damage,or Injury due from a failure of Hy-Tech to perform any of the obligations,herein,including but not limited to installation,maintenance,monitoring or service or the
failure of the system or equipment In any respect whatsoever, whether due to the negligence of Hy-Tech or otherwise, Hy-Tech's liability shall be limited to a sum equal
to the total of six(6)monthly payments or One Thousand Dollars($1,000.00),whichever Is greater,as liquidated damages and not as a penalty and this liability shall be the
sole liability of H)4ech under this Agreement to the complete exclusion of any and all other remedies,legal or equitable,available to Subscriber or damages suffered
by Subscriber (for purposes of this provision Subscriber shall mean and include Subscriber and all others to whom it may be determined HyTech is liable under this
Agreement);and that these provisions of this section shall apply if loss,damage,or Injury,Irrespective of cause or origin,results directly or indirectly to persons or property
from performance or nonperformance of the obligations Imposed by this Agreement or from negligence,active or otherwise,of Hy-Tech,its agents,assigns,or employees.
In the event that the Subscriber wishes to Increase the maximum amount of such damages Subscriber may,as a matter of right,obtain from Hy-Tech a higher
limit by paying an additional amount proportioned to the increase in such damages.
0 When Subscriber in the ordinary course of activity or business has property of others,Subscriber agrees to and shall indemnify,defend and hold harmless Hy-
Tech,Its employees and agents from and against all claims brought by parties other than Subscriber.This provision shall apply to all claims regardless of cause
including Hy-Tech's performance or failure to perform and Including defects in equipment,design,installation,maintenance,operation or non-operation of the system
whether based upon negligence,active or passive,warranty,or strict or product liability on the part of Hy-Tech,Its employees,or agents.
6.INDEMNIFICATION:Subscriber agrees and shall Indemnify Hy-Tech,its agents and employees,against and hold Hy-Tech,Its agents and employees harmless from any and
all third party claims,actions,causes of action,suits,and judgments damages or demands arising out of or In any way connected with Hy-Tech's performance or actions
(whether such performance or actions are negligent)under this Agreement.If Hy-Tech becomes liable for or a party to such claims,actions,causes of action,suits,
judgements,damages,or demands,Subscriber agrees to pay all costs,losses,or expenses Including a reasonable attorneys fee,Incurred by Hy-Tech as result thereof.For
purposes of this paragraph'third parties'shall mean all persons other than Hy-Tech and the Subscriber.
Page 3 of 4
7.NO REPRESENTATIONS OR WARRANTIES:Hy-Tech does not make any representation or warranty,including any implied warranty of merchantability or fitness,that
the system or service supplied may not be compromised,or that the system or services will in all cases provide the protection for which it is Intended.The disclaimer set
forth in this paragraph is in addition to the disclaimer in Paragraph 5 above.
8.DEFAULT:In the event the Subscriber shall default In the performance of any of the terms and conditions of this Agreement,Including the failure to make any payment
as agreed herein,Hy-Tech may at Its option,terminate this Agreement,immediately discontinue all services under this Agreement,specifically including but not
limited to monitoring and/or maintenance of the system,and shall be entitled to Immediate possession and recovery of all loaned equipment and/or the local or remote
removal of relevant data from the control panel,and shall be entitled to recover as liquidated damages a sum equal to seventy-five percent(75%)of the balance of
monthly payments then remaining under this Agreement together with late charges provided in Paragraph 2 above which shall be Immediately due and payable.Upon
Subscriber's default Hy-Tech's entry Into the Location to remove and recover its equipment(If any)and/or remove any proprietary data from the equipment's memory,
shall not be deemed a trespass.The parties hereto agree that the purpose In setting forth and providing for liquidated damages in this paragraph is that it is impossible
to determine the actual damages Hy-Techmay suffer In the event of Subscribers default at the time of execution of this Agreement.Subscriber fully understands that the
damages,as set forth herein,Include a portion of Hy-Tech's Installation expenses,commissions and other expenses related to the Installation of such system as well as
maintenance and service expenses and reasonable profit.After Subscriber's default,termination of service or removal of the system or equipment and/or proprietary
data as herelnabove set forth shall not be considered to constitute a breach by Hy-Tech of this Agreement or waiver of Hy-Tech to any such damages.Subscribers
abandonment of the Location shall not relieve Subscriber of its obligations under the terms of this Agreement.Subscriber and Hy-Tech agree that due to the nature of the
services to the be provided by Hy-Tech,the payment to be made by the Subscriber for any services or repairs done to the system or any equipment provided to the
Subscriber is,in addition to monitoring services being provided,an integral part of Hy-Tech's profits.Therefore,In the event of Subscribers default in paying any payment
due for service,equipment,and/or monitoring,the Subscriber will be considered to be in default of this agreement.
9.FALSE ALARMS:The Subscriber agrees to pay any false alarm fine,assessments,penalties,fees,charges or legal fees relating to the Installation or service provided under
this Agreement,which are authorized or Imposed by any governmental body or other organization which responds to the false alarm.In event a fine,assessment,penalty,
fee charge,or legal fee shall be assessed against Hy-Tech by any governmental body or other organization as a result of any false alarm originating from Subscribers
premises,Subscriber agrees to forthwith reimburse Hy-Tech for payment of the said false alarm fine,assessment,penalty,fee,charge,or legal fee.Failure to pay such
fine,assessment,penalty,fee,charge,or legal fee Immediately upon Hy-Tech's request shall constitute default in this Agreement at Hy-Tech's option.
10. WARANTEE REPAIRS:Damage done due to lightning,electrical surges,or physical damage is excluded from warrantee coverage being provided by IFSS.
Costs Involved in such repairs shall be billed and charged at Hy-Tech's rates appropriate for the type of service being provided.
11. EQUIPMENT:The Subscriber agrees not to tamper with,alter,adjust add or connect foreign devices to,disturb,Injure,or remove or otherwise Interfere with any of
the equipment nor to permit the same to be done,and the Subscriber shall be responsible for this equipment during the term of this Agreement,and until same Is
returned to the possession of Hy-Tech.It is further agreed that the equipment shall remain In the same location as installed and any removal or disturbance thereof
(resulting from painting,altering,or remodeling the fixtures or any changes whatsoever)necessitating any work by way of repairs,relocation or otherwise,shall be paid
for by the Subscriber in accordance with standard charges of Hy-Tech in addition to all other charges mentioned herein. Subscriber agrees to return to Hy-Tech any
equipment provided by Hy-Tech and enumerated in this contract under'Schedule of Equipment"as remaining the property of Hy-Tech upon the termination of this
Agreement or any renewal term,in as good condition as the time It was Installed,ordinary wear excepted.Subscriber hereby agrees to Include replacement cost of
any such equipment to Subscribers casualty insurance policy and name Hy-Tech as an Insured as its Interest may appear.
12. WARNING:Smoke detectors and/or carbon monoxide(CO)detectors can significantly help to reduce loss,Injury,and/or even death.However,no matter how good
any detection device is,nothing works perfectly under every circumstance and Hy-Tech warns Subscriber that Subscriber cannot expect a smoke or CO detector to
ensure that Subscriber will never suffer any damage or Injury.In addition,Hy-Tech's wireless devices,Including wireless smoke and CO detectors,if Installed under this
Agreement,require a charged battery to operate properly and may not operate,causing the alarm not to sound if for any reason the battery is low,dead,or missing.
Subscriber should regularly and thoroughly inspect these battery-operated devices and test them at least once per month to help maintain continued operability.
13. ATTORNEY FEES AND COSTS:Subscriber agrees to pay all costs,charges and expenses of collection,including reasonable attorney's fees Incurred by Hy-Tech,
If this Agreement is in default and is placed In the hands of an attorney for collection or if it becomes necessary to enforce any of the terms of this Agreement whether or
not a complaint is filed,including,but not limited to,such attorneys fees Incurred prior to the institution of litigation or in litigation Including trial and appellate review,
and In arbitration,bankruptcy,mediation or other administrative or judicial proceedings.
14. SUBCONTRACTORS:Subscriber agrees that Hy-Tech Is authorized and permitted to subcontract any services to be provided by Hy-Tech to third parties
who may be Independent of Hy-Tech,and Subscriber appoints Hy-Tech to act as Subscriber's agent with respect to such parties,except that Hy-Tech shall not
obligate Subscriber to make any payments to such third parties.Subscriber acknowledges that this Agreement,particularly those paragraphs relating to Hy-Tech's
disclaimer of warranties,exemption from liability,even for its negligence,limitation of liability,and indemnification,Inure to the benefit of and are applicable to any
assignees,subcontractors,manufacturers,vendors,and central station of Hy-Techj.
1S. SUBSCRIBER'S RESPONSIBILITIES:a)Burglar Alarm:Subscriber shall carefully and properly set the system Installed pursuant to this Agreement each day or at
such other times Subscriber shall make such repairs as shall be necessary as soon after receipt of notice as Is reasonably possible,during Hy-Tech's regular business hours.In
the event the system Installed pursuant to this Agreement or becomes inoperative due to Subscriber's failure to notify IFSS of the need of repair to the system,the
failure of the system to operate shall not constitute a breach of this Agreement on the part of Hy-Tech nor shall It waive Hy-Tech's right to payment due under this
Agreement.Fire Alarm:Subscriber agrees to monitor the indication of troubles on the FACP and notify their service provider to remedy as well as agreeing to have the
system tested in frequencies required by the Authority Having Jurisdiction over the system.
a)Subscriber agrees to furnish,at Subscribers expense,all 110volt AC power,electric outlets,receptacles, telephone hook-ups,Internet connection,high speed
broadband cable,DSL,IP address(s)as deemed necessary by Hy-Tech,in its sole discretion,and to notify Hy-Tech of any change in such service.
16.RECEIPT OF ALARM SIGNALS:Hy-Tech upon receipt of an alarm signal at their designated central station(hereinafter referred to as Central Station)from the Location
shall make every reasonable effort to transmit the alarm properly to the Authority Having Jurisdiction designated location for receiving notifications unless there is a just
cause to assume that an emergency condition does not exist,and Central Station shall make a reasonable effort to notify the Subscriber or his designated representative(if
provided by Subscriber)by telephone,unless Instructed to do otherwise by the Subscriber.For fire systems Central Station will follow the currently accepted versions of
NFPA and local statutes.
17.SOUNDING OF AUDIBLE DEVICES,EXCESSIVE OR RUNAWAY SIGNALS:Central Station,upon receipt of Information that an audible device is sounding or a
communicator Is sending a large amount of signals to Central Station in a relatively short period of time at the Subscriber premises,will make a reasonable effort to notify
Subscriber or his designated representative(if provided by Subscriber)by telephone at the phone number and address supplied to Hy-Tech In writing by
Subscriber.If Subscriber cannot be reached or does not appear at the above described premises within thirty(30)minutes from the time Central Station receives
Information that the said event is occurring,or if Hy-Tech Is called upon to stop the event at the above address at any time or by any public official or officer,Subscriber
hereby authorizes and appoints Hy-Tech as Its agent,to stop the said event,and agrees to hold Hy-Tech or Its designated representative harmless and to Indemnify Hy-Tech
from any damage,loss or liability which may result from the stopping of the said event by Hy-Tech.If Hy-Tech or its designated representative turns off the audible device
pursuant to this paragraph,Subscriber shall pay Hy-Tech the relevant charge for such service immediately upon request.
Should Hy-Tech notify subscriber of excessive signals being transmitted by Subscriber's system or causing excessive action by central station personnel and
Hy-Tech is prohibited from repairing the system or taking other action to eliminate the need for excessive actions or runaway conditions,Subscriber agrees to be charged
the then appropriate extra charges.
Page 4 of 4
1B.DELAY IN PROVIDING SERVICES:Hy-Tech assumes no liability for delay In installation of the equipment or for the interruption of service due to strikes,riots,floods,
storms,earthquakes,flies power failures,Interruption or unavailability of telephone service,acts of God or any other cause beyond the control of Hy-Tech and will not be
required to supply service to the Subscriber while interruption of service due to any such cause shall continue therein.Subscriber agrees to furnish any necessary
electric current to operate all equipment and systems at all times.
19.AUTHORIZED ENTRY:For systems being monitored by a Central Station,Subscriber agrees to furnish Hy-Tech a list of the names,residence addresses,and phone
numbers of all persons authorized to be notified if the alarm is activated and a signal is received.Subscriber also agrees to furnish Hy-Tech with passcodes(passwords)for any
person who the Subscriber has given permission to cancel an alarm,make changes to the subscriber record,and/or request the cancellation of emergency services response.
20.INVALID PROVISIONS:in the event any of the terms or provisions of this Agreement shall be invalid or Inoperative all of the remaining provisions shall remain in full force
and effect.
21.WAIVER:Failure or delay by Hy-Tech to enforce its rights hereunder shall not operate as a waiver of such rights in the future.
22.ASSIGNMENT AND SUBCONTRACTORS:This Agreement shall not be assignable by the Subscriber except upon the written consent of Hy-Tech.Hy-Tech shall have the
right to assign this Agreement to any other persons,firm or corporation without notice to Subscriber and shall have the further right to subcontract any Installation,
monitoring,maintenance or other services which it may perform.Subscriber acknowledges that this Agreement,and particularly those paragraphs relating to Hy-Tech's
maximum liability,liquidated damages,and indemnification Inure to the benefit of and are applicable to any assignees and/or subcontractors of Hy-Tech,and that they bind
Subscriber with respect to said assignees and/or subcontractors with same force and effect as they bind Subscriber to Hy-Tech.
23.RESPONSE BY OTHERS:Any governmental department or other organization to which the equipment or system may be connected,or an alarm signal may be
transmitted may Invoke the provisions hereof against any claim by the Subscriber or by others due to any failure of such governmental department or other organization to
act.
24.WAIVER OF SUBROGATION:Subscriber does hereby for Subscriber and parties claiming through or under Subscriber,release and discharge Hy-Tech,from any and all
liability covered by Subscriber's Insurance.It is expressly understood and agreed that no Insurance company or Insurer will have any right of subrogation against Hy-Tech for
any losses or damage resulting from fire,burglary or any other cause covered under any such policy.if any of the aforesaid policies of the Subscriber require the
Subscriber to Inform Subscriber's Insurer of the existence of this waiver of subrogation provision,the Subscriber shall promptly provide the appropriate notice to Subscriber's
insurer.
25.SIGNAL TRANSMISSION:Subscriber understands that In the event of a failure of the telephone line,cable connection,network connection,the Internet,private radio
network,or cellular service used as the method of transmission of signals to Hy-Tech's central station,signals may not reach the central station.The alarm may not be
continually supervised and,therefore any failure as noted of the communication device and/or services may cause signals to not reach central station with no action taken.
Subscriber specifically agrees of this inherent limitation In a system using such devices,and further acknowledges that signals transmitted over any of the listed means are
beyond the control of Hy-Tech with such means being maintained In service by the applicable service provider or utility.Many communication methods require that
power be provided to equipment located within the protected premises.Interruption of such power may cause the alarm panel to not be able to communicate with central
station.This Includes but is not limited to cable or phone company routers,switches,etc.Subscriber agrees that Hy-Tech shall Incur no liability under this Agreement,or
otherwise,for lost or damage sustained by Subscriber If the electronic protective system Installed by Hy-Tech pursuant to this Agreement falls to properly function due to an
interruption In the transmission of the signal set out above In this Paragraph 25.
26.ENTIRE AGREEMENT,PARTIES BOUND, GOVERNING LAWt No prior or present agreements or representations shall be binding upon Hy-Tech or Subscriber
unless Incorporated in writing in this Agreement.No modification or change in this Agreement shall be valid or binding upon the parties hereto unless in writing,executed
by the parties to be bound thereby.This Agreement shall be binding upon Hy-Tech and Subscriber and their personal representative heirs,successors,or assigns.This
Agreement shall be construed pursuant to the laws of the State of Florida as to interpretation and performance.Venue for all actions under this Agreement shall only be In
a court or agency of competent jurisdiction in Monroe County,Florida.
27.'BUYER'S RIGHT TO CANCEL":If this is a home solicitation sale,and If you do not want the goods or services,you may cancel this Agreement by providing written notice
to the Seller In person,by emall or by mail.This notice must indicate that you do not want the goods or services and must be delivered or postmarked before midnight on the
third business day after you sign this Agreement.If you cancel this Agreement,the Seller may not keep all or part of any cash down payment.
i
rev 03/05/2020
From: Jonathan Phelps <jphelps@hy-techsolutions.com>
Sent: Thursday, December 9,2021 1:42 PM
To: Robert Blanchard
Cc: Jody Diezel; Michael Harnish
Subject: RE: FKE CO#9
See Explanation Below in red
Respectfully,
�SoTUTUIONSINC.
Jonathan Phelps
Project Manager
Email: JPhelns Hy-TechSotutions.com
Phone: (305) 296-5111 1 Mobile: (305) 731-6871
905 Overseas Hwy I Key West, FL 33040
www.hy-techsolutions.com
f
From:Robert Blanchard<robert@DLPORTER.COM>
Sent:Thursday, December 9, 2021 10:14 AM
To:Jonathan Phelps<jphelps@hy-techsolutions.com>
Subject: Fwd: FKE CO##9
Jonathan,
Please see email below and correct the proposal.
Thanks,
Robert
Get Outlook for i0S
From:Coleen Castagna<coleen(@DLPORTER.COM>
Sent:Thursday, December 9, 02110:04:35 AM
To: Robert Blanchard<robert DLPORTER.COM>
Subject: RE: FKE CO##9
Regarding Monitoring
Initial Monitoring 1,869.28
For Cellular add 500.00
&addtl 15 for month) 45.00 not 15.00 3_Months x 15 er Month 45.00 er bllli�periodl
1
Total 2414.28
HyTech has 2,414.28 as make cost as follow for cellular
Difference is 30.00
This is being Billed Quarterly so the pricing should include 3 months at 15 per month. Hence the additional 30.
4QDT qu,n Irrc,z j#1S t.MINOR,V,'zt_-a r M\�N it mat , s>MRVN�, lnm1 r nrz o m ;,. ,
�a�zwzzugti�s ,u c�z»tm tttttttttrrrlu�,sn rm .szsu� sm" s r4mammU» smztzzzr,,.�an, ,%n,nzi sa,sz, :""+m>Px
Coleen Castagna, Controller
D.L. Porter Constructors, Inc.
Ph: 941-929-9400, Fax: 941-929-9500
coleen0diyorter.com
From: Robert Blanchard<robertffi)DLPORTER.COM>
Sent:Tuesday,December 7,20213:43 PM
To:Coleen Castagna<coleenODLPORTER.COM>
Subject: FKE CO#19
Coleen,
Please review attached CO for FKE,and forward to them if all is good.
FYI:
There's a monitoring agreement I overlooked when doing the owner CO(attached). I've asked Joe about it and he's
sending it directly to KWIA.
Thanks,
Robert
Robert Blanchard Jr.
Project Manager
D.L. PORTER CONSTRUCTORS INC.
1805 Staples Ave,Suite 103
Key West,FL 33040
C(941)915-9523
0(941)929-9400
2