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St. Johns County, FL Master Contract CONTRACT AGREEMENT RFP NO: 22-33 Inventory Program with Narcotics Tracking System Master Contract#: 22-MAS-STA,15664 This Contract Agreement,("Agreement")is made as ofthis day of A4`v,Q' ,'-, 2022,. ('*Effective Date") between St. ;johns County, FL("County") a political subdivision of the State of Florida, w'hose principal offices are located at 500 San Sebastian View, St, Augustine, FL 32084, hereinafter referred to as the "County", and Station Automation, Inc., (dba PSTrax) ("Consultant"), authorized to do business in (lie State of Florida, with offices located at: 5837 S.Gallup St., Suite 140, Littleton,CO 80120; Phone: 888-330-6006; Email: t��zi�l;rif��ztru_�,c:rs.irl In consideration Of tile Mutual promises contained herein,the County and the Consultant agree as follows: ARTICLE I —DURATION and EXTENSION This Agreement shall become effective upon the date of execution by all parties (Effective Date), shall be in effect for an initial contract term of two(2)calendar years,and may be extended for additional,years, upon satisfactory performance by the Consultant, mutual agreehllent by both parties. subject to the same terms and conditions contained herein, or renewed in written by mutual consent Of the parties, subject to agreed-upon terms and conditions and the availability of funds. While this Agreement may be renewed as stated in this Article, it is expressly noted that the County is under no obligation to extend this Agreement. It is further expressly understood that the option of extension is exercisable only by the County, and only upon the County's determination that the Consultant satisfactorily performed the Services noted in the Contract DOCu111811tS. ARTICLE 2- ENUMERATION OF CONTRACT DOCUMENTS The term "Contract Documents" shall include all RFP Documents and any addenda/exhibits thereto; all Specifications, this Agreement,any duly executed amendments,addenda, and/or exhibits hereto;and any and all Change Orders. ARTICLE 3-SERVICES The Consultant's responsibility under this Agreement is to provide any and all labor,materials,equipment, transportation, and supervision necessary to provide a Cradle-to-Grave system for inventory control including narcotics on trucks & fire apparatus, track maintenance of all trucks & fire apparatus within the fleet, including the daily inspections that crews conduct,repair requests and preventative maintenance, and tracking inventory in multiple supply rooms across the county, as specified in the Scope of"Work, submitted by the Consultant, approved by the County in accordance with RFP No: 22- 33 and as otherwise provided in the Contract Documents. Services provided by the Consultant shall be under the general direction of St. ,Johns County Fire Rescue Department or other authorized County designee, who shall act as the County's representative throughout the duration of this Agreement. ARTICLE 4—SCHEDULE The Consultant shall perfonll the required Services according to the schedule submitted and approved by the County. No changes to said schedule shall be made without prior written authorization from the County's representative. ARTICLE 5—COMPENSATION/BILLING/INVOICES A. The County shall compensate the Consultant an amount not to exceed sixty two thousand three hundred twenty five dollars ($62,325.00) for the Annual License Fee ($41,550.00) and One-Time implementation Fee ($20.775.00) for first year period and forty one thousand five hundred fitly dollars($41,550,00) for any year thereafter according to the pricing proposal attached thereto as Exhibit "A" which shall include ally and all direct and indirect costs, and reimbursable expenses. The maximum amount available as compensation to Consultant under this Agreement shall not exceed the amount stated above without the County's express written approval, and amendment to this Agreement. B. It is strictly understood that Consultant is not entitled to the above-referenced arllolnit of compensation, Rather, Consultant's compensation is based upon Consultant's adhering to the Scope of Work,detailed in this Agreement, As such, the Consultant's compensation is dependent upon satisfaaetory completion and delivery of all work product and deliverables noted in the Scope of Work, and detailed in this Agreement. I C. Consultant shall send invoices to county's invoicing contact provided below, Payment terms for all invoices shall be Net 45 days. The first year Annual License Fcc and One-Time Implementation Fee shall be invoiced at the tittle this Agreement is mutually executed by the parties. Each year thereafter, the.Annual License Fee shall be invoiced at least 30 days prior to the anniversary date, D. Though there is no billing form or format pre-approved by either the County, or the Consultant, bills/invoices submitted by the Cottsuhant shall include a detailed written report of the Work accomplished in connection with the Scope of Work, as provided by the County. "file County may return a bill/invoice from the Consultant, and request additional docunnentation/informati(.)r1. Under such circumstances, the tinleframe for payment will be extended by the time necessary to receive a verified bill/invoice. L. The Consultant's aCCeptatice of the County's payment of an invoiced amount shall release the County from any claim by the Consultant, or by the Consultant's consultants or sub-Consultants, Cor work performed but not invoiced during the time period indicated on the invoice for which payment was issued. f, Unless otherwise notified, bills/invoices should be delivered to: St,,loins County fire Rescue Division Attn:Amy Land 3657 Gaines'Rd St, Augustine, FL,32084 G. FINAL .1TNVGICE: in order for the. County and the Consultant to reconcile/close their books and records,. the CAI'lsttltant shall clearly indicate "Final_Invoice" on the Consultant's final bill/invoice to the County. Such indication establishes that all services have been satisfactorily performed and that all Charges and costs have been invoiced to the County and that there is no further Work to be performed under this Agreement. ARTICLE 6—TRUTII-IN-NEGOTIATION CERTIFICATE The signing of this Agreement by the Consultant shall act as the execution ol'a truth-in-negotiation certificate certifying that wage rates and other factual unit Costs supporting the Compensation are accurate, complete, and eurrCtnt as of the date of this Agreement. The original contract price and any additions thereto shall be adjusted to exclude any significant stuns by which the County determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments shall be made within one(1)year following the end of the Agreement. ARTICLE 7--ARREARS The Consultant shall not pledge the County's credit or make it a guarantor Of payment or surety I'or any contract, debt, obligation,judgement, lien, or any forin of indebtedness. The CnilSUltant further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement, ARTICLE 8—TERA11NATION A, This Agreement may be terminated by the County without cause upon at least thirty (30) calendar days advance written notice to the Consultant of such termination Without Cause. 13. This Agreement may be terminated by the Consultant With cause upon at least fburteen (14) calendar days advance Written notice of such termination with cause. Such written notice shall indicate the exact cause for termination. ARTICLE 9—NOTICE OF DEFAULT/RIGHT TO CURE A. Should the County fail to perform (default) under the terms of this Agreement, then the Consultant shall provide written notice to the County, which such notice shall include a tinefirame.of no fewer than thirty(30)business days in Which to Cure the default. Failure to cure the default wvilhin the timefranlc provided in the notice of default ('or any such amount of time as altually agreed to by the parties in Writing), shall constitute cause for termination of this Agreement. 2 R. Should the Consultant fail to perform (default) under the t MIS of this Agreement, then the County shall provide written notice to the Consultant, which such notice shall include a timeframe of no fewer than fifteen (15) calendar days in which to cure the default, failure to cure the default Within the timeframe provided in the notice o1'default (or any such amount of time as mutually agreed to by the parties in writing), shall constitute cause for termination of this Agreement. C. Consistent with other provisions in this Agreement, Consultant shall be paid for services authorized and satisfactorily performed under this Contract up to the effective date of termination. D. Upon receipt of a notice of termination,except as otherwise directed by the County in writing,the Consultant shall: 1. Stop work ran the date to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance ofthe terminated work. 3. Transfer all work in process,completed Work,and other material related to the terminated work to the County. 4. Continue and complete all parts of the work that have not been terminated. ARTICLE 10—PERSONNEL, The Consultant represents that it has. or shall secure at its own expense. all necessary personnel required to perform the Work as provided in the Contract Documents. It is expressly understood tlaaf such personnel shall not be employees of,or have any contractual relationship with the County. All Work required hereunder shall be performed by the Consultant, or under its supervision. All personnel engaged in performing the Work shall be fully qualified and, if required, authorized or permitted under federal, state and local law to perform such Work. Any changes or substitutions in the Consultant's key personnel must be made known to file County's representative and written approval granted by the County before said change or substitution can become effective. The Consultant warrants that all Work shall be performed by skilled and competent personnel to the highest professional standards in the field. The Consultant is responsible for the professional quality, technical accuracy, and timely completion of all work performed hereunder, and shall correct or revise any errors or deficiencies in the Work, without additional compensation. ARTICLE 11 —SUBCONTRACTING The County reserves the right to approve the use of ally subcontractor, or to rgject the selection of a particular subcontractor, and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform the Work described in the Contract Documents. The Consultant is encouraged to seek minority and women business enterprises for participation in subcontracting opportunities. If a subcontractor fails to satisfactorily perform in accordance with the Contract Documents, and it is necessary to replace the subcontractor to complete the Work in a timely fashion, the Consultant shall promptly do so, subject to approval by the County. The County reserves the right to disqualify any subcontractor,vendor,or material supplier based upon prior unsatisfactory performance. ARTICLE 12--EMPLOYMENT ELIGIBILITY AND MANDATORY OSE OF ENERIFY As a condition precedent to entering into this Agreement,and in accordance with section 448.095, f,S.,Consultant and its subcontractors shall register with and use the E-Verify system to verify the work authorization status of all employees hired on or after January 1. 2021. A, Consultant shall require each of ifs subconsultants and subcontractors to provide Consultant with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien, Consultant shall maintain a copy of such affidavit for the duration of this Agreement. 13. The County, Consultant,or;any subconsultant or subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated section 448.09(f), RS. or these provisions regarding employment eligibility shall terminate the contract with the person or entity. 3 C. The County, upon good faith belief that a subconsultant or subcontractor knowingly violated these provisions regarding employment eligibility, but Consultant otherwise complied, shall promptly notify Consultant and Consultant shall immediately terminate the contact with the subconsultant or subcontractor. D. The County and Consultant hereby acknowledge and mutually agree that, a contract terminated pursuant to these provisions regarding employment eligibility is not a breach of contract and may not be considered as such. Any contract terminated pursuant to these provisions regarding employment eligibility may be challenged in accordance with section 448.095(2)(d), F.S. E. Consultant acknowledges that, in the event that the County terminates this Agreement for Consultant's breach of these provisions regarding employment eligibility,then Consultant may not be awarded a public contract for at least one(1) year after such termination.Consultant further acknowledges that Consultant is liable for any additional costs irlcurred by the County as a result or the County's termination of this Agreement for breach of these provisions regarding employment eligibility. F. Consultant shall incorporate in all subcontracts made pursuant to this Agreement the provisions contained herein regarding employment eligibility. ARTICLE; 13—FEDERAL AND STATE TAX In accordance with Local, State, and Federal law, the County is exempt from the payment of Sales and Use Taxes. The County shall provide a tax exemption certificate to the Consultant upon request. The COnstrltant shall not be exempt from the payment of all applicable taxes in its performance under this Agreement. It is expressly understood by the County and by the Consultant that the Consultant shall not be authorized to use the County's Tax Exemption status in any manner. The Consultant shall be solely responsible for the payment and accounting of any and all applicable taxes and/or withholdings including but not limited to Social Security payroll taxes (I"ICA), associated with or stemming from Consultant's performance under this Agreement. ARTICLE 14—AVAILABILITY OF FUNDS The County's obligations under this Agreement are contingent upon the lawful appropriation of sufficient funds, for that purpose, by the St. Johns County Board of-County CoMMkSiorlerS, Pursuant to the requirements of Section 129.07, Florida Statutes, payment made tinder this Agreement shall not exceed the amount appropriate in the Courlty's budget for such purpose in that fiscal year. Nothing in this Agreement shall create all), obligation on the part ofthe Board of County Commissioners to appropriate such finds for the payment of services provided under this Agreement during any given County fiscal year. Moreover, it is expressly noted that the Consultant cannot demand that t11e Cotmty provide any such funds in any given County Fiscal Year. ARTICLE 15- INSURANCE The Consultant shall not commence work under this Agreement until he/she has obtained all insurance required under this section and such insurance has been approved by the County. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. 'file Consultant shall furnish proof of lnsuranc.e to the Cotmty prior to the commencement of operations. The Certificate(s) shall clearly indicate the Consultant has obtained insurance of the type, amount,and classification as required by contract and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to t11e County. Certificates shall specifically include the County as Additional insured for all lines of coverage except Workers' Compensation and Prol'essional Liability, A copy of the endorsement must accompany the certificate. Compliance with the foregoing requirements shall not relieve the Consultant of its liability and obligations Under this Agreement. Certificate Holder Address: St,Johns County,a political subdivision of the State of Florida 500 San Sebastian View St. Augustine, FL 32084 4 The Consultant shall maintain during the life of this Agreement, Comprehensive General Liability Insurance with minhntm) limits of$1.000,000 per occurrence, $2,000,000 aggregate to protect the. Consultant from claims for damages for bodily injury, including wrongful death, as well as from claims of property damages which may arise From any operations under this Agreement, whether such operations be by the Consultant or by anyone directly employed by or contracting with the Consultant, The Consultant shall maintain during the we of this Contract,'Technology Errors& Omissions/Professional Liability with rninimuru limits of$1,00f},00U par occurrence and aggregate. The Technology Errors& Omissions/Professional Liability Insurance shall cover the Contractor and third parties, at a minimum, the following: Liability for 'T'cchnology Products/Services, Data Breach, Media Content, Privacy Liability, and Network Security. Coverage retro date shall be prior to commencement of job. The Consultant shall maintain during the life of this Agreement, Comprehensive Automobile Liability fnsurance with minimum limits of $300,000 combined single limit I`m bodily injury and property damage liability to protect the Consultant from claims liar damages for bodily injury, including the ownership, use., or maintenance of owned and non- owned automobiles, including rented/hired automobiles whether such operations be by the Consultant or by anyone directly or indirectly employed by a Consultant. The Consultant shall maintain during- the life of this Agreement, adequate Workers' Compensation Insurance in at least such amounts as are required by the law for all of its employees(if three or more)per Florida Statute 440,02, In the event 01' unusual circumstances, the County Administrator, or his designee, may adjust these insurance requirements. ARTICLE 16- INDEMNIFICATION The Consultant shall indemnify and hold harmless (lie County, and its officers, and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' tees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the Consultant in the performance of the Contract. ARTICLE 17—SUCCESSORS AND ASSIGNS The County and the Consultant each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of this Agreement. I3xcept as above, neither the County nor the Consultant shall assign, sublet, convey or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part orally officer or agent of the County, which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the County and the Consultant, ARTICLE IS—NO THIRD PARTY BENEFICIARIES It is expressly understood by the County, and the Consultant, and this Agreement explicitly states that no third party beneficiary status or interest is conferred to,or inferred to,any other person or entity. ARTICLE 19—REMEDIES No remedy herein conferred upon any party is intended to be exclusive, or any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or nor or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party or any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorney's fees. ARTICLE 20—CONFLICT"OF INTEREST The Consultant represents that it presently has no interest and shall acquire no interest, either directly or indirectly, which would conflict In an), manner with the performance of services required hereunder. The Consultant further represents that 5 no person having any interest shall be employed for said performance, The Consultant shall promptly notify the County, in writing, by certified mail, of all potential conflicts of interest for any prospective business association, interest or other circumstance, which may influence or appear to influence the Consultant's judgment or quality of services being provided hereunder, Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Consultant may undertake and request an opinion ol'tile County, whether such association, interest. or circumstance constitutes a conflict of interest if entered into by the Consultant, The County agrees to notify the Consultant of its opinion by certified mail within thirty(30)clays of'receipt of notification by the Consultant. It', in the opinion of the County, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Consultant, the County shall so state in the notification and the Consultant shall, at his/her option enter into said association, interest or circumstance and it shall be deemed not in conflict of interest Nvith respect to services provided to the County by the Consultant under the terms of this Agreement. ARTICLE 21— EXCUSABLE DELAYS The Consultant shall not be considered in default by reason of any delay in performance if such delay arises out of causes reasonably beyond the ConSuhant's control and without its fault or negligence. Such cases may include, but are not limited to: acts of God; the Comity's onimissive and commissive failures; natural or public health emergencies; freight embargoes;and severe weather conditions. If delay is caused by the failure of the Consultant's subcontractor(s) to perform or make progress, and if'such delay arises out of causes reasonably beyond the control of the Consultant and its subcontractors) and is Without the taint or negligence of either of them,the Consultant shall not be deemed to be in default, Upon the Consultant's request, the County shall consider the facts and extant ol'any delay in performing(lie work and, if the Consultant's failure to perform was without its fault or negligence, the Contract Schedule and/or any other affected provision of this Agreement shall be revised accordingly; subject to the County's right to change, terminate, or stop any or all Of tile Work at any time. ARTICLE 22—'DISCLOSURE, AND OWNERSHIP OF DOCUMENTS The Consultant shall deliver to the County for approval and acceptance, and before being eligible for final payment of any amounts due,all documents and materials prepared by and for the County under this Agreement. All written and oral information not in the public domain, or not previously known,and all information and data obtained, developed, or supplied by the County, or at its expense, shall be kept confidential by the Consultant and shall not be disclosed to any other party, directly or indirectly, Without the County's prior written consent, unless required by a lawful order. All drawings, maps, sketches, and other data developed, or purchased under this Agreement, or at the County's expense,shall be and t'emalrlS the County's property and may be reproduced and rellSed at the discretion of the County, The County and the Consultant shall comply with the provisions ol'Chapter 119, Florida Statutes(Public Records L.mv), All covenants, agreements, representations and warranties made herein, or otherwise made in writing by any party pursuant hereto, including but not limited to, any representations made herein relatillg to disclosure or ONVIM'ship elf' documents, shall survive the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby. ARTICLE 23--INDEPENDENT CONSULTANT RELATIONSHIP The Consultant is, and shall be, in the performance of all work services and activities under this Agreement, an independent consultant, and not an employee, agent, or servant of tha County. All persons engaged in any of the work or services performed pursuant to this Agreement shall at all times and in all places be subject to tile: C 011Sultanl'S sole direction,supervision,and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the Consultant's relationship and the relationship of its employees to the County shall be that of an independent consultant and not as employees or agents of the County, The Consultant does not have the power or authority to bind the County in any promise, agreement or representation other than specifically provided for in this Agreement. 6 ARTICLE 24—CONTINGENT FEES pursuant to Section 287.055(6), Florida Statutes, the Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant 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 the Consultant, ally fee, commission, percentage, gift, or any other consideration contingent Upon or resulting from the award or making of this Agreement. Violation ofthis section shall be grounds for termination ot'this Agreement. If this Agreement is terminated for violation Of this section, the Cotmty may deduct from the contract price, or otherwise recover, the full amount of such fee, commission,percentage,gill, or other consideration. ARTICLE 25—ACCESS AND AUDITS The Consultant shall maintain adequate records to justify all charges.expenses, and costs inctrred in performing the work for at least three (3) years after completion of this Agreement. The County shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, al the County's cost, upon five(5)days written notice. ARTICLE 26—NONDISCRIMINATION The Consultant warrants and represents that all of its employees are treated equally during employment without regard to race,color, religion, physical handicap,sex,age or national origin. ARTICLE 27—ENTIRETY OF CONTRACTUAL AGREEMENT The County and the Consultant agree that this Agreement, signed by both parties sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein, or are incorporated by reference into this Agreement. None of'the provisions, terms, conditions, requirements, or responsibilities noted in this Agreement may be amended, revised, deleted, altered, or otherwise changed, modified, or superseded, except by written instrument,duly executed by authorized representatives of both the County,and the Consultant, ARTICLE 28—ENFORCEMENT COSTS If any legal action or other}.proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees, court costs and all reasonable expenses even if not taxable as court costs (including, without limitation, all such reasonable fees, costs and expenses incident to appeals), incurred in that action or proceedings, in addition to any other relief to which such party or parties may be entitled. ARTICLE 29—COMPLIANCE WITH APPLICABLE LAWS Both the County and the Consultant shall comply with any and all applicable laws, rules,regulations, orders.and policies Of the County,State,and Federal Governments. ARTICLE 30—AUTHORITY TO PRACTICE The Consultant hereby represents and warrants that it has and shall continue to maintain all licenses and approvals required to conduct its business,and that it shall at all times,conduct its business activities in a reputable manner, ARTICLE 31 —SEVERABILITY If any term or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of such items or provision, to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. ARTICLE 32- AMENDMENTS AND MODIFICATIONS No amendments or modifications of this Agreement shall be valid unless in writing and signed by each of the parties. 7 Tl7e County reserves the right to make changes in the work, including alterations, reductions therein or additions thereto, Upon receipt by the Consultant of the County's notification of a contemplated charge, the Consultant shall: (1') if requested by the County, provide an estimate for the increase or decrease in cost clue to the contemplated change; (2) notify the County of any estimated change in the completion date: and (3) advise the County in writing if the contemplated change shall effect the Consultant's ability to meet the completion dates or schedules of this Agreement. If the County instructs in writing, the Consultant shall suspend work on that portion of the project, pending the County's decision to proceed with the change. If the County elects to make the change, the County shall issue a Change Order for changes, or a contract change order, if the original contract is be changed or amended the Consultant shall not commence work on any such change until sue h written change ardor has been issued and signed by each af`the parties. ARTICLE 33— FLORIDA LAW& VENUE This Agreement shall be governed by the laws of the State of Florida, Any and all legal action necessary to enforce this Agreement shall be held in St. ,Johns County, Florida, ARTICLE 34—ARBITRATION The County shall not be obligated to arbitrate or permit any arbitration binding on the County under any of the Contract Docrunents or in connection with the project in any manner whatsoever. ARTICLE 35- NOTICES All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if'sent to the County shall be mailed to: St. Johns County Purchasing Division Attn: Leigh A. Daniels,CP11'B,Purchasing Manager 500 San Sebastian View St. Augustine, FL 32084 and if sent to the Consultant shall be mailed to: Station Automation,Ina,(dba, PSTrax) Attn: Scott Bergeron,President 5837 South Gallup St., Suite 140 Littleton,CO 80120 ARTICLE 36 - HEADINGS The heading preceding the articles and sections herein are solely for convenience of reference and shall not constitute a pant of this Agreement,or affect its meaning,construction or effect. ARTICLE 37-PUBLIC RECORDS A. The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records, data, documents, and/or materials, associated with this Agreement shall be subjJCCt to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State and Federal provisions, Access to such public records, may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third Party,or an unaffiliated party. B. In accordance with Florida law, to the extent that Contractor's performance under this Contract constitutes an act on behalf ol'the County, Contractor shall comply with all requirements of Florida's public records law. Specifically, if Contractor is expressly authorized,and acts on behalf of the County tinder this Agreement.Contactor shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the Services; (2) Upon request from the County's custodian of`public records, provide the County with a cop), of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the 8 cost as provided in Chapter 119, Florida Statutes,or as otherwise provided by law; (3) Ensure that public records related to this Agreement that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by applicable law for the duration of this Agreement and following completion of this Agreement if' tine Contractor does not transfer the records to the County; and (4;) Upon completion of this Agreement, transfer, at no cost, to tine County all public records in possession of the Contractor or keep and maintain public records required by the County to perlortnl the Services. If the Contractor transfers all public records to the County upon completion of this Agreement, 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 this Agreement, the Contractor shall meet all applicable requirements tom retaining public records. All records stored electronically must be provided to the County, upon request from the C"ounty's custodian of public records, in a format that is compatible with the County's information technology systems. Failure by the Contractor to comply with the requirements of this section shall be grounds for immediate, unilateral termination of this Agreement by tine County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER. 11.9, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC; RECORDS RELATING TO THUS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 500 San Sebastian View, St. Augustine, FL 32084, (904) 209- 0805, nuk iorec.t� ARTICLE 38—USE OF COUNTY LOGO Pursuant to,and consistent with,County Ordinance 92-2 and County Administrative policy 1013,the Consultant may not manufacture, use,display,or otherwise use any facsimile or reproduction of the County Seal/I.,ogo without express written approval St. Johns County, Florida. ARTICLE 39—SURVIVAL It is explicitly noted that the following provisions of this Agreement,to the extent necessary, shall survive any suspension, termination, cancellation, revocation, and/or non-renewal of this Agreement, and therefore shall be both applicable and enforceable beyond any suspension, termination, cancellation, revocation. and/or non-renewal: (1) Truth-in-Negotiation; (2) Federal and State Taxes. (3) Insurance; (4) Indemnification, (5) Access and Audits; (6) Enforcement Costs: and ('7) Access to Records, ARTICLE 40.-365 DAY MONEY BACK GUARANTEE Consultant shall provide the County a 365 Day Money Back Guarantee to ensure its satisfaction with the system. At the purchase date of each module,the County shall have 365 days to "trial" the module. If the County is unsatisfied with the performance of the module, within the 30 days immediately following the 365 day period the County may notify Consultant to cancel the module. Consultant shad) provide a full refund of the module's first year Annual License Fee and any One-Time Implementation Fee paid to date. Any refunded monies shall be paid by Consultant within 90 days. In order for tine County to be eligible for the 365 Day Money Back Guarantee it agrees to: Use commercially reasonable efforts to build,implement and"go-live"with the module, Have its crews use tine module as part of their regular operations to Consistently log and complete tasks for a least six(6)moneys of the 365 day period,and • Attempt to contact and work the Consultant to resolve issttes prior to notifyhng Consultant tO cancel the nnodalc(s). 9 ARTICLE 41 —SCOPE OF WORK INCREASES&ANNUAL AUDIT The County is able to add stations, vehicles or managed locations into the system at any time before each anniversary date. Consultant will perform in audit of the County's system to compare the "number of active" stations, vehicles or managed locations to the initial scope of work outlined in the details column of Section 2: Pricing Proposal: Breakdown included below. Additional charges may apply if the "number of active" stations, vehicles or managed locations exceeds the initial scope of work, Consultant shall notify the County about any additional charges due to scope of work increases. ARTICLE 42—INTELLECTUAL PROPERTY Except for rights expressly granted under this Agreement,nothing in the Agreement shall function to transfer any of either party's intellectual property rights to the other party, and the parties shall retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside,the scope of this Agreement. ARTICLE 43—AUTHORITY TO EXECUTE Each party represents that it ha_s the lawful authority to enter into this Agreement and has authorized the execution of this Agreement by the party's authorized representative shown below, W WITNESS WHERE01', authorized representatives of the COUN'l-Y, and CONSULTANT have executed this Contract Agreement on the day and year below noted, ST, JOHNS COUNTY, FL: CONSULTANT: Leigh A. Daniels.CPPB _ Station Automation Inc..dba PS'Trax Printed Name of County Representative Company ' Title of C ount�r ftepr senttiveSignature� �.0 ultant Representative _ r � o � My SI nati�re�,C`tm Re�resenfatnu. 1 r •.�.�� !�- � �* inted Name k itle ' �• r •. Date of Executi � Date of F—xe�cu—tiol—t ATTEST: ST,JOHNS COUNTY, FL CLERK OF COURT Deptilty Clerk V Date cifEXeCUtiorl 10 LEGALLY; LJFFICIF.NT Office of County Attorney Date of Execution Il RPP NO:22.33;INVENTORY PROGRAM WITH NARCOTICS TRACKING SYSTEM SECTION 2i PRICING PROPOSAL:BREAKDOWN MODULE DETAILS ANNUAL LICENSE ONE-TIME PEE IMPLEMENTATION PEE 44 Heavy Vehicles (Imlv&s Enalnae,Ladam,AN* AmbulsaCaVft•aWas,Heavy HOXWL Qpinl. $5,700 One-Time VEHICLE Mot $0,700 Annual of mpn�adWrnanixsd aysr isrm 20 Support Vehicles pnaDadsa arosh 1=k4,renksn,Viva,pace 17 Hen deh,Jp.e' a!tlae Mee ar rfasatl an apancy"th STATION 5 3,400 Annual $3,400 One-Time 17 Slatlons of epmadiamarow Over w m asked on spmnsy with $4,260 One-Time 17 SStationsSCBA $4,250 Annual cr npMAWamanixed owr Inrm flasad an a0en0V%rA $4,250 One-Time PPE $A,250 Annual s,a eaNsmomxed averierm 17 Stations „4._.._._...__.—...__.—..._____.._..,._.....,...__.._ M ___.,.. CRITICAL ASSET Dasad an aperkywith $4,260 Annual $4,260 One-Time 17 Stations w ap,xad•mcmxad over Ibna Dxa nn mq"CywM $8,500 One-Time 17 Slatlans. INVENTORY $8,600 Annual ar ap,00Wsmomred*Mr farm CONTROLLED 30 Managed Containers $7,200 One-Time SUBSTANCE uIXIudas tofAboxos,elation b•fsm,eanwl $7,200 Annual or afaradfsmar undnwnsfm vsu':.bit ON�GOIN Dniimhod—Changes can be mado CHANGES TO by sysfem admins or the PSTrax Included N/A SYSTEM Team of no additional cosh. IMPLEMENTATION 0%Discount to the Ono-T1me NIA $(20,776) FEE DISCOUNT Implementation Fee TOTAL(YEAR ONE) $41,660 $20,776 Annual(USD) one-Time(USD) TOTAL(YEAR TWO) $4 NIA Annuaa ll(LIU8D) GRAND TOTAL(TWO-YEAR TERM) S 103,676 Annual License Pee Includes: + Unlimited Users and Data r System Hosting,Maintenance,and Upgrades • Customer Support • Unlimited On-Going Training • Unlimited On-Going Changes and Data Import(System admins can update the system or PSTrax can make the changes) One-Time Implementation Pee Includest • Project Management • Data Import(e,g,,apparatus inspections,Inventories,supply locations,par levels,controlled substances,containers,station Inspections,alert categories,assets and Information,SCBA equipment and information,PPE/turnout gear and Information, etc,) • Custom Configumilon of Data and Settings(based on department preferences and feedback) • Training of Super Users • Assistance with Rollout to General Users 12 a 0ATE(Mf,11DD/YYYY) ACil../R" CERTIFICATE OF LIABILITY INSURANCE 2/16/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on this certificate does not confer rights to the eortlflcato holder in lieu of such endorsernonl(s). PRODUCER CONTACT NAME,: ALAN CARPENTER INSURANCE AGENCY LLC PHONE (720)233-5873 arC,N :(303)955-4227 195 Telluride St Ste 2 ACAI a Ewt ADDRESS:acarpenter 1 @ f armersagent,com Brighton, CO 80601 INSURERS) AFFORDING COVERAGE NAICd INSURERA,Farmers Insurance 21628 INSURED Station Automation Inc INSURER B CRUM & FOSTER INSURANCE 11123 DBA: PSTrax INSURER C:USLI 25895 5837 S Gallup, Suite 140 INSURERD. Littleton, CO 80120 INSURER E 303-918-3169 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADOL XP INTR TYPE.OF INSURANCE rWVDSUDR POLICY NUMBER MM/DDIYYYY MNVDDfYYVYY LIMITS X CONIPAERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1 000 000 CLAIMSWADE �OCCUR PREMISES Ea occurrence $ 75 000 60720502006/12/2021 06/12/2022 MEDEXP(Anyoneperson) $ 5 000 A Y PERSONAL BADVINJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,0001000 POLICY E]PROJECT• F_�LOC PRODUCTS�COMP/OP AGO $ 2,000,000 OTHER, COMBINED SINGLE LIMIJ $ AUTOMOBILE LIABILITY Ea accident $ included ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per Accldant) $ A AUTOS AUTOS NON-OWNED Y Y 607205020 06/12/2021 06/12/2022 � DA At E $ X HIRED AUTOS x AUTOS Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ LIED RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNERtExECUT1VE E.L,EACH ACCIDENT $ _ OFFICEf2iMEh-0BER E)<CLUDEp9 ❑NIA (Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ If Vas,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B CYBER:Liability Y Y TCM-101413 06/12/2021 06/12/2022 $1,000,000 C Professional E&O TK1553458A 06/12/2021 06/12/2022 $2 000 000 DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) St Johns County, a political subdivision of the State of Florida is additional insured on the General Liability policy for Station Automation DBA PsTrax, CERTIFICATE HOLDER CANCELLATION St Johns County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 500 San Sebastian View St THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Augustine, FL. 32084 AUTHORIZED REPRESENTATIVE 01988-2014 ACORD C PORA ON. All rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD THIS ENDORSr-K4ENTCHANCiESI'tll-"POI-ICY, v POLJ(.-..'YNLJ1V1BFR: 607205020 1511dMan FARMS RS INSURANCE ADDITIONAL MURED—STATE OR&MYNIABITIAL ACit,-NCY OR POLITICAL StjIBL"NqSjoph—FPERPAITS()P�AIYTE,463"i"', f,,-3 This elMomement modifies provided under the rollwvinq� BUSINESSOWNERS LIAI IIATY COVERAGE FORM 13USINESSOWNERS COV[RAGF'imORNI APARTM EN TOWN F RS LIAWLI I Y COVERAGL FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHCOULF 'State Or GovIlurnment,al'Agency Or Subdivision Ot,Political Subdivk;Ik"I'. SY IOHNS COUNTY, a political SUbdivision of the State of Florida 500 San Sebastian View St, AugHstine/R.32084 Infamisition required to c"Vletve It SklimWQ 4 mA Auvai armors,YAH be s1lowidn I ho FA whirotions, A. Any state m go mmi-nenial agency or subdivision or poUrical oubdWiMon shown in We MMN"v k Ww an WdMon,)l insured,subject to the following provisions: a. This inSLIran(-0k)j)PIi('S Only with respect W opemUmm pulviroled by you or on Your behalf i0l WI)iCh the state of governmental agency or subdivision or political subdivision has Issued a 1wrlidt or aWhohzahon. However: 0) Ile kswwxe afforded to such addiihnaI insumd only to the daXlonl (Ilitted It"'y kviv;wid (2) If coverage provided to the additional insured is requiIed by a col-Itul(j 0I 'ChQ insurance ;afforded U)such viddRikli-lal Irismod will not Iw broader ubm&At winich you vae inquNNI by tho contract or agreement to provide for such additional insured. 4 This insurance does not apply to: (1) 110dilY injury", "property dan-,ago" or Pelsr)lrd alld iujulk", c,l�;,sed, in whole or in prlrl, by oporaLlom,porfoinied for 0-1oleder.,)l i,JOVOITIIIIant,r4aiow llwnicipalhy;or B. With respect W he insurance afforded to thOSO;,'idditiOnal irISUrMS,OW 1011DWing is addod ic,Pa€Arjiaph D,Liability And Medical Expenses Limits Of Insurance of the applicable Coverage Forn): A cmemge provided to the additional Msmvd N rmjWrvd by a cmilrad or aWoomwL the; mod we will ny on ;WmIf of the additional insured is thearviotint:of 'I. Required by the tor,track or agrer-went;or 2. Available under tl7e appiicablr Limits Of Insuraner;shown in thae Ca r.;cl,irraUom.;; whichever is less. This mWorsement s0H not 1wrease To applicallo Lh"ks Of Iw;llhWC0!;1 lovok ill I he Dc:(:Ial Alil qry, this endo I,enlon t is part of your poNcy. It nu pomedas to cm my In mWhing to I M c o j 11 1,,a i Y. I I is k)I I I fe I vvkc,s I hj o(.l:I o,I I I I h e ternis of the policy. .17241-EDI 02-19 1 ndudos copyrigh to.11 rlipi Ieri6l of I iei,uiwu vi 1,11 It,ku(,u Page I of 1 LNDOitl,$EIVIEfli)'I.*.HAP,4(.i(�$'i't'IL�(10 B,C:Y,WAKE REW A CARK111 I Y, FARMERS T3301h INSURANCE A Amian WAIVER OF TRANSFER OF FUCHAS OF AGAINST Of HERS T13 US L)PIM022 Eff'ecOve Date, l"Ifirob(o ThiseiWorsmintwit niodMes inyKanca provided urdurtho Mowhq� BUSINESSOWNERS COMMON NERN CNAWMA DIP W 09 so luso'k, Name of Person or 0q)ai-i?adrtm ST JOHNS COMY W no mtryalafnars abw%information iroquixed to couq*qe Hda Fidoryiaont.no at lw slows)in Ow fhq im at kwis os 7000ble W this oiximwnwin) I he provisions of the BuOwsmwners Common My Ctmi liliow;aro niodiflod 13Y tl el ri01 follows: Condition K,Transfer Of Rights Of Recovery Agnhwt. Others To Us in the BUSineSSOINI)Or",Convoon Policy Conditions is amended by the addition ot the follovting: We waive:MW HQ of movery we may hno"airist tW person or organization shown in the SchedWe above because of payments we inake for injury or donlaoc arising out of your work done under a contract with that person or organiza lion raru.i included in,the product,s-cornplefred operations hazard.This v4oive:r applies Only to Hie person or organization shown iin W Schedule ahme, Nis endarsernmA I pan of youi pollM R mWersews to lhe conh;lry'li,it,oll to all the terms of the policy. E3306-EDI 6-97 Nige I of 1 9 1 ING 133 Wool Request for Taxpayer Foun W-9 Give Fortin to the (Rev,00tobot 7.018) Identification Number and Certification requester.Do not Derailment of the I t"sury send to the IRS. Internal Revenue Service P Go to www,iis.gov/FormWa for instructions and the latest information, I Name(as shown on your(ncorne lax frilufn).Name is recruited on this 11ro:do not leave this line blank. Station Automation,Inc, 2 Business nAnip/ell5regarclool er,'Ry narrte If PSTrax 3 Check appropriate box for federal fix classification of Who person whwm ritmv,is entered an fine 1.Check only one of the 4 Exemptions(codes apply only to M following seven hox" "i-Aarn entltros,,not individuais:see inslnidlonn on page 31: 0 1-1 lodividuri(h-ole proprietor or n G Corporation RJ S Corporation El Parinorshp o single-member LLC a Exempt payee code fif any) 0 r Limited liability Company.Enter thr tax classification(C 2C corporation,S-:S corporation,P.-Partnership) o Note:Check the appropriate box in the line above loi the tax cla."ification of the singlo-member owner, Do not check Fxompfion ftorri FAHA reporting r LLC it the LLC is classified at,a single-Alernbef LL.0 that N disregarded from the owner unless the owner of the LLC is code(it any) another LLC that is not disregarded fromthe owner for U.S.federal tax purposes,Otherwise,a single-member LLC What is disregarded from the owner should chock the appropriate box for the to)(clossIfication of is owner, pi J Other(sea instructions)1- 11 0 S I 6 Adds (numbet.stroel.rinrl ripl.o(svii—eno) 0 Rrsqoeder s name and address(Optionnt) 0 J� 5837 S.Gallup St.Suite 140 6 City.state,and 71P code Llttleton,gQ 80120 7 List account numberfs)here(optional) —Taxpayer enfificafio6 hDumber(TIN) Enter your TIN In the appropriate box,The TIN provided must Match the name given on fine 1 to avoid scour ity number backup withholding,For individuals,this Is generally your social security number(SSN),However,...r a r resident alien,sole proprietor,or disregarded entity,see the Ins4u0ions for Part 1,later,For ot,,e, entities,it Is your employer Identification number(EIN),If you do not have a nurnber,see How to get a -M -11 -L TIN,later, or Note:If the account Is in more than orie Maine,see the instructions for line 1.Also set?What Name and Em toyer identification number Number To Give the Requester for guidelines on whose number to enter, =�4 — 3,L711JL8 J-56J Certiflcatian Under penalties of perjury.I certify tJ)aJ: 1,The number shown on this form Is my correct taxpayer identification number(or I arm waiting for a number to be issued to me);and 2,1 am not subject to backup withholding because;(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)viat I am subject to backup withholding as a result of a failure to report all Interest at dividonds,or(c)the IRS has notified me that I ani no longer subject to backup withholding;and 3,1 am a U,S,citizeli or other U,S,person(defined below);and 4.The FATCA code(s)entorod on this form(it any)indicating that I am exempt from FATCA reporting Is correct. Gerldication instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return,For teal estate transactions,item 2 does not apply,For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN,See the instructions for Pad 11,later, .......... Signature of Here U,s,personal note P ply s. •Form 1099-DIV(dividends,including those from stocks Of Mutual General Instritic'tions funds) Seotion references are to the Internal Revenue Code unless Otherwise -Form 1099-MISC(various types of income,prizes,awards,or gross noted, proceeds) Future developments,For the latest information about developments ®Form 1099-6(stock or"Mutual fund sales arid certain other related to Form W-9 arid its instiuctiomi,such as legislation enacted transactions by brokers) after they were published,go to www,its,go vlFortnW.9. -Form 1099-5(proceeds from real estatu, Purpose of Form -Form 1099-K(moichant card and third patty network transactions) An Individual of entity(Form W-9 requester)wlic.)it,required to lite art -Form 1098(home mortgage interest),1098-F.(student loan interest), information return with the IRS must obtain your correct taxpayer I M-T(tuition) identification number(TIN)which may be your,social security number -Form iO99-C(canceled debt) (SSN).Individual taxpayer Identification number(ITIN),adoption -Form 1099-A(acquisition or abandonment of secured property) taxpayer Identification number(ATIN),or employer identification number (FIN),to report on an information return the amount paid to you.or other Use Form W-9 only if you are a U,S, person(including a resident amount reportable on on Information return.Examples of Infonnaflun alien),to provide your correct f IN, returns include,but are riot limited to,the following, //you do riot rolurn Form W-9 to the reqU0,5W with a TIN,you might Form 1099-INT(interest earned or paid) be subject to backup withholding,See What is backup withholding, Cal No,10231x Form W-9—(R-11(00,61