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Item C03 C3 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 Board of County Commissioners Meeting February 21, 2024 Agenda Item Number: C3 2023-1452 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval of a First Amendment to Agreement with Barnes Alarm Systems, Inc. for Fire and Panic Alarm and Security System Maintenance, Repair, Monitoring and Inspection services, updating the service locations and other provisions of the Agreement to bring it current,provides option to request a proposal/quote from the Contractor only for equipment replacement and installation, increases the contract amount by a 3% CPI-U with an effective date of December 12, 2023, and increases the total annual compensation to $126,522.00. Contract paid from funds 001, 101, and 147. ITEM BACKGROUND: On December 7, 2022, the BOCC approved a Bid Award Agreement with Barnes Alarm Systems, Inc. for Fire and Panic Alarm and Security System Maintenance, Repair, Monitoring and Inspection services. The initial term of the Agreement is for two (2)years, which commenced on December 13, 2022, and terminates on December 12, 2024. The Agreement provides for an additional three (3) one- year renewal periods. This First Amendment seeks approval to allow for the option to request from the Contractor only, a proposal/quote for Equipment Replacement and Installation in accordance with the current Monroe County BOCC Purchasing Policy. Pursuant to Paragraph 6 of the Agreement, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers, or 3%, whichever is less, as reported by the U.S. Bureau of Labor Statistics as of December 31 of the previous year. The CPI-U on December 31, 2022, was 6.5%, and thus the parties agree to increase the payments by three percent (3%), pursuant to the Agreement, with an effective date retroactive to December 12, 2023. The total annual compensation will increase from $118,800.00 to $126,522.00. This Amendment also corrects or updates certain provisions to bring the Agreement current with County, State, or Federal contract provisions. Staff seeks approval of this First Amendment. PREVIOUS RELEVANT BOCC ACTION: December 7, 2022 BOCC approved a Bid Award Agreement with Barnes Alarm Systems, Inc. for 160 Fire and Panic Alarm and Security System Maintenance, Repair, Monitoring and Inspection services. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: First Amendment with Barnes Alarm Systems, Inc. correcting or updating certain provisions to bring it current with County, State or Federal contract provisions, allows option to seek proposals/quotes from Contractor only for equipment replacement and installation, updates service locations, increases the contract amount by a 3% CPI-U with an effective date of December 12, 2023, and to increase the total annual compensation to $126,522.00. STAFF RECOMMENDATION: Approval DOCUMENTATION: 02-21-2024-First Amendment - Barnes (Final with exhibits legal stamped) added signature page.pdf 12-07-2022-Bid Award Agreement-Item S5-Barnes Alarm-Bxec.pdf Barnes GL, COI 2023 - 2024-Bxec.pdf Barnes-auto COI 2023-2024-Bxec.pdf Barnes- WC-COI 2023 - 2024-Bxec.pdf FINANCIAL IMPACT: Effective Date: 12-12-2023 Expiration Date: 12-11-2024 Total Dollar Value of Contract: $126,522.00 Total Cost to County: $126,522 Current Year Portion: $94,891.50 Budgeted: yes Source of Funds: Funds 001, 1019 & 147 CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: N/A 161 County Match: N/A Insurance Required: yes Additional Details: Provides for 3% increase which is effective retroactive to December 12, 2023. 162 FIRST AMENDMENT TO AGREEMENT FOR FIRE ALARM, PANIC ALARM,AND SECURITY SYSTEM ANNUAL CERTIFICATION, MAINTENANCE,REPAIR,AND MONITORING MONROE COUNTY, FLORIDA This First Amendment to Agreement is made and entered into this 21s' day of February, 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BARNES ALARM SYSTEMS, INC., a Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 3201 Flagler Ave., Suite 503, Key West, Florida 33040, but whose mailing address for purposes of this Agreement is 5800 Overseas Highway, No. 30, Marathon, Florida 33050. WHEREAS,the parties hereto did on December 7,2022, enter into an Agreement for Fire Alarm, Panic Alarm, and Security System Annual Certification, Maintenance, Repair and Monitoring ("Original Agreement"); and WHEREAS, the County desires to amend the Original Agreement to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy approved by the Board of County Commissioners; and WHEREAS, the County desires to amend the Original Agreement to update locations currently serviced; and WHEREAS, the County desires to increase payment amounts by the annual CPI-U increase adjustment of three percent(3 %)pursuant to the terms of the Original Agreement, with an effective date retroactive to December 12, 2023; and WHEREAS,the County desires to increase the annual not to exceed amount; and WHEREAS, the parties desire to amend the Original Agreement to correct and/or update provisions to bring it current with certain County, State, or Federal required contract provisions; and WHEREAS, the parties desire to amend Exhibit "A" of the Original Agreement, which reflects the Scope of Work, to bring it current as to locations and other changes as reflected in this First Amendment; and WHEREAS,the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement; 1 163 NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The first sentence of Paragraph 2, SCOPE OF WORK, of the Original Agreement, is hereby amended to reflect that an Exhibit"A—Revised"is attached hereto and made a part hereof to replace the Exhibit "A" in the Original Agreement. The attached Exhibit "A — Revised" reflects the Scope of Work with the new list of locations, deletion of the last paragraph of the Exhibit as to major component failure or system breakdown, and other changes as reflected in this First Amendment. The remaining provisions of Paragraph 2, Scope of Work, of the Original Agreement, remain the same. 2. In accordance with Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. The CPI-U on December 31,2022,was six and five tenths'percent(6.5%), and thus the parties desire to increase the payments by three percent (3%), which is the lesser amount, with an effective date retroactive to December 12, 2023. 3. Sub-paragraphs C. and D. of Paragraph 5, CONTRACT SUM AND PAYMENTS TO CONTRACTOR, of the Original Agreement, are amended to reflect new contract payment amounts pursuant to the annual CPI-U change effective retroactive to December 12, 2023, update locations, delete the graphs shown on pages six (6) through nine (9) of the Original Agreement,which set forth locations and the equipment and devices at each location,with said graph pages to be included only in Exhibit "A - Revised" attached hereto, and increase the annual not-to-exceed compensation amount. Paragraphs 5 C. and D. of the Original Agreement are replaced with the following: 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR C. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: 2 164 FIRE ALARM SYSTEMS AND LOCATIONS ANNUAL FIRE SYSTEM: INSPECTION AMOUNT MONTHLY CONTROL MODEL (including MONITOR BUILDING LOCATION PANEL # any possible AMOUNT overtime) Key West Courthouse 500 Whitehead St., Key Simplex 4100 $ 1,043.57 $ 44.56 West Judicial Workout 502 Whitehead St. Key SFP- $ 291.80 $ 44.56 Room (formerly West Notifier 2402 Juvenile Detention) Sheriff Civil Division 500 Whitehead St., Key Faraday Firewatc $ 291.80 $ 44.56 West h 11 J. Lancelot Lester 530 Whitehead St. Key $ 2,044.83 $ 44.56 Building & Records Notifier AFP-200 Storage West Freeman Justice Center 310 Fleming Street, Key Notified AFP-200 $ 826.41 $ 44.56 West AFP-200 Public Defender's New 316 Simonton Street Notifier NFS-320 $1,043.57 $44.56 Office NFS-320 KW Tax Collector 3304 N. Roosevelt Blvd., Notifier NFW50X $ 458.87 $ 44.56 (Searstown) Key West Supervisor of 5200 College Road, Notifier SFP- $ 542.40 $ 44.56 Elections/Bayshore Ofc Stock Island LOUD May Hill Russell 700 Fleming St., Key Notifier SFP $ 375.33 $ 44.56 Library West 400B Gato Building 1100 Simonton Street, Simplex 4010 $ 709.45 $ 44.56 Key West Gato Elevator 1100 Simonton Street, N/A N/A $00.00 $ 27.85 Key West Harvey Government 1200 Truman Avenue, Notifier NFS-320 $ 1,043.57 $ 44.56 Center Key West Bernstein Park 6751 51h Street, Stock Notifier NFW2- $ 860.94 $ 44.56 Island 100 3 165 ANNUAL FIRE SYSTEM: INSPECTION AMOUNT MONTHLY CONTROL MODEL (including MONITOR BUILDING LOCATION PANEL # any possible AMOUNT overtime) Big Pine Key Library 231 Key Deer Blvd., Big Notifier SFP- $ 458.87 $ 44.56 Pine Key 2404 Big Pine Key Park K 001 Atlantic, Big Pine EST Quic3kstart $ 709.45 $ 44.56 Y Big Pine Community 174 Key Deer Blvd, Big Notifier NFW- $458.87 $44.56 Center/Building Dept. Pine Key NFW-50X 50X Marathon Government 2798 Overseas Hwy. MPC- $ 1,043.57 $ 44.56 Center Marathon Faraday 2000 Marathon Government 490 63rd Street, Marathon FireLite MS- $ 542.40 $ 44.56 Annex 1 OUD Marathon Detention 3981 Ocean Terrace, FireLite Miniscan $ 542.40 $ 44.56 Facility Marathon 4024 Marathon Sheriff's Marathon Airport Notifier NFS-320 $ 542.40 $ 44.56 Hangar Marathon DMV/Tax 3015 Overseas Hwy., Notifier NFW $ 458.87 $ 44.56 Collector Marathon 50X Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2- $ 625.92 $ 44.56 Marathon 100 Marathon Library 3490 Overseas Hwy., Notifier NFS320 $ 542.40 $ 44.56 Marathon Marathon Library 3490 Overseas Hwy., N/A N/A $00.00 $44.56 Elevator-Cellular Marathon Ruth Ivins Center, 3333 Overseas Hwy., Notifier SFP-5UD $ 542.40 $ 44.56 Health Dept. Marathon Medical Examiner 56639 Overseas Hwy., Simplex 4010 $ 625.92 $ 44.56 Crawl Key Joe London Crawl Key 56633 Overseas Hwy., FireLite MS-9050 $ 543.46 $ 44.56 Fire Academy Marathon 4 166 ANNUAL FIRE SYSTEM: INSPECTION AMOUNT MONTHLY CONTROL MODEL (including MONITOR BUILDING LOCATION PANEL # any possible AMOUNT overtime) Ellis Building 88800 Overseas FireLite MP-24 $ 709.45 $ 44.56 Highway, Plantation Key Plantation Key 88820 Overseas Hwy.,, FireLite MP-24 $ 1,043.57 $ 44.56 Courthouse Plantation Key (old location) Islamorada Library 81830 Overseas Hwy., FireLite MS- $ 709.45 $ 44.56 Islamorada 4424b Murray E. Nelson 102050 Overseas Hwy., Siemens FS-250 $ 1,376.37 $ 44.56 Governmental and Key Largo Cultural Center Roth Building 50 Highpoint Road, Edwards EST-2 $ 1,043.57 $ 44.56 Tavernier Key Largo Library 101485 Overseas Hwy., FireLite MS-5UD $709.45 $44.56 Key Largo MC Fire Station 48 5655 MacDonald Ave., Edwards VS-1 $ 291.80 $ 44.56 Stock Island MC Fire Station # 9 28 Emerald Drive, Big Notifier SFP-5UD $ 375.33 $ 44.56 Coppitt MC Fire Station # 11 22352 Overseas Hwy., FireLite EX200 $ 584.22 $ 44.56 Cudj oe Key MC Fire Station # 13 390 Key Deer Blvd., Big EST Quickstart $ 584.22 $ 44.56 Pine Key MC Fire Station # 17 10 S. Conch Ave, Conch Notifier NFW2- $ 543.46 $ 44.56 Key 100 MC Fire Station #22 151 Marine Drive, Notifier NFW2- $ 709.45 $ 44.56 Tavernier 100 5 167 Bi-Monthly (once every other month) Testing of Panic Alarms shall be performed on a time and material basis. Panic Alarm System Central Station Monthly Monitoring is as follows: PANIC SYSTEM: BUILDING LOCATION MANUFACTURER MONTHLY MONITOR MODEL# AMOUNT Key West Drug Court 500 Whitehead St., Key CH Annex system $ 27.85 West Judicial Workout Room 500 Whitehead St., Key CH Annex system $ 27.85 (middle) KW Courthouse West J. Lancelot Lester Building & 530 Whitehead St., Key CH Annex system $ 27.85 Records Storage West Freeman Justice Center 302 Fleming Street, Key Navarro-Ademco V $ 27.85 West 128 FSB Panel (dig] Freeman Justice Center Drug 302 Fleming Street, Key Honeywell 7845 GS $ 27.85 Court West (cellular) KW May Hill Library 700 Fleming St., Key West Honeywell Lynx 521 $27.85 Gato Building 1100 Simonton St., Key Ademco Honeywell $ 27.85 West Gato Building—2nd floor 1100 Simonton St., Key Ademco Honeywell $ 0.00 West Stock Island Building Dept. 5503 College Road, Stock Lynx 5210 $27.85 Island Big Pine Commissioner Distri 243 Key Deer Blvd., Big Lynx 5210 $27.85 Pine Key Big Pine Key Library Big Pine Key Plaza, Big Honeywell Lynx $ 27.85 Pine Key 5210 Big Pine Community 174 Key Deer Blvd., Big Honeywell Proa7 $27.85 Center/Building Dept. Pine Key plus Marathon Govt. Center 2798 Overseas Hwy., Lynx 5210 $ 27.85 Marathon Marathon Annex 63rd St 490 63rd Street, Marathon Lynx 5210 $ 27.85 Marathon Courthouse 3117 Overseas Hwy., Lynx 5210 $ 27.85 Marathon Marathon Library 3490 Overseas Hwy., Lynx 5210 $ 27.85 Marathon Marathon State Attorney Offi 2975 Overseas Hwy., Vista 20P $ 27.85 Marathon 6 168 PANIC SYSTEM: BUILDING LOCATION MANUFACTURER MONTHLY MONITOR MODEL# AMOUNT Medical Examiner 56639 Overseas Hwy., Cra Simplex Grinnel $ 27.85 Key 4010 FACP Ellis Building—Property 88820 Overseas Hwy. $ 27.85 Appraiser Tavernier Vista 20P PK Courthouse (new) 88770 Overseas Hwy., Pro Series A7Plus $ 27.85 Tavernier Islamorada Library MM 81.5, Islamorada Pro Series A7Plus $ 27.85 Murray E. Nelson Govt. 102050 Overseas Hwy. $ 27.85 Center Key Largo Honeywell 60-578 Key Largo Library 101485 Overseas Hwy., Honeywell Vista $27.85 Key Largo 20p Magnolia Building 300 Magnolia, Key Largo Vista 20P $ 27.85 Growth Management Ocean 11601 CR 905, Key Largo pro Series A7Plus $ 27.85 Reef The tables provided represent the most current information from the County regarding its buildings and their systems and may contain errors. By submitting a proposal, the Contractor agrees that they have verified the existing systems and condition. The Total Annual (12 Months), Monthly Monitoring and Annual Inspections shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Fifty-four Thousand Five Hundred Twenty-four and 17/100 Dollars. (Grand Total Annual (12 Months), Monthly Monitoring and Annual Inspections Proposal-words) $ 54,524.17 (Grand Total Annual (12 Months), Monthly Monitoring and Annual Inspections Proposal —numbers) 7 169 The above annual total amount is comprised of the following: Total Fire Alarm Annual Inspections $25,849.81 Total Fire Alarm Monthly Monitoring $1,721.13 X 12= $20 653.56 Total Panic Alarm Monthly Monitoring $ 668.40 X 12= $8,020.80 Contractor shall also provide a price and brief description of services required to replace, register, and reprogram Communicators as necessary for the purpose of establishing monitoring by proposer which includes any necessary updates to the County's currently monitored systems. For properties requiring upgraded communicators, billing will be done as follows: hourly rate times the time onsite and materials cost with 15% increase. 17 Properties, 1.5 hr. + $240.35 each. The Total Proposal Price to replace, register, and reprogram Communicators to establish monitoring. Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. (Total Proposal Price to replace, register, and reprogram Communicators to establish monitoring -words) Six Thousand Three Hundred Eighteen and 56/100 Dollars (Total Proposal Price to replace, register, and reprogram Communicators to establish monitoring —numbers) $6,318.56 Additional Services and Emergency Services, (ex. Post — hurricane cleanup, including all costs associated with equipment, debris removal, and dumping fees: For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The Application for Payment form is attached hereto as Exhibit `B" and made a part hereof for submission with invoices. Total Hourly Fees for Repairs, Panic Testing, Additional Services, Security System Services and Emergency Services - (including equipment costs & dumping fees): a) Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $ 87.55 per hour, technician $ 133.90 per hour, technician plus helper $ 46.35 per hour, technician helper working alone or additional helper 8 170 b) Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 131.33 per hour, technician $ 200.85 per hour, technician plus helper $ 69.53 ner hour,technician helper working alone or additional helper c) Parts Cost Plus: Contractor shall be allowed Fifteen (15%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental,tax amounts, and services supplied by others). The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer, plus fifteen percent(15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment whether the part is under warranty or not. Freight invoices must accompany all orders that require shipping or transportation of parts, whether the part is under warranty or not. There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit proposals for services costing$1,000.00 or more and itemized invoices in writing. D. Total Compensation to Contractor under this Agreement shall not exceed One Hundred Twenty-Six Thousand, Five Hundred Twenty-Two ($126,522.00) Dollars annually, unless pre-approved work requiring additional funds is implemented. Additional services and emergency services shall be performed in accordance with the rates as set forth and described herein, but such work must be pre-approved. 4. Paragraph 5. E. of the Original Agreement and the section titled MAJOR COMPONENT OR SYSTEM BREAKDOWN, shown as the last paragraph in Exhibit "A" to the Original Agreement, were the same paragraphs. The Original Agreement is hereby amended to delete Paragraph 5. E. therein and replace it in its entirety with the following paragraph: E. Major Component Failure or System Breakdown In the event a System Failure or any of its major components or parts need to be replaced or repaired due to a major component failure, system breakdown, or upgrade, the County shall have the option to request from the Contractor only, a proposal/quote for replacement 9 171 equipment or parts and all associated installation thereto. Approval of such proposals/quotes shall follow the current Monroe County Purchasing Policy. Only after receiving an amendment, if required by the County's Purchasing Policy, and/or a notice to proceed from the County, shall the Contractor proceed with these additional services as noted herein. The last paragraph of Exhibit"A", which was denoted as Major Component Failure or System Breakdown, is hereby deleted as being redundant of Paragraph 5. E. in the Agreement. 5. Paragraph 14,NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY, of the Original Agreement is hereby amended to replace the first paragraph only with the following: 14. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits discrimination in employment on the basis of race, color, religion, sex or national origin; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disability; 4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. All other provisions of Paragraph 14 as set forth in the Original Agreement remain the same. 10 172 6. Paragraph 21, TERMINATION, of the Original Agreement is hereby amended to delete the current Paragraph 21, F. and replace in its entirety Sub-paragraph F. only of Paragraph 21 with the following paragraph: F. For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of (1) immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 187.135(5)(a), Florida Statutes, or (2) maintaining the Agreement at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria,the County shall have the option of(1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. All other provisions of Paragraph 21 as set forth in the Original Agreement remain the same. 7. Paragraph 38, PUBLIC ENTITY CRIME STATEMENT, of the Original Agreement, is hereby amended to delete the current Paragraph 38, as set forth therein, and replace it in its entirety with the following paragraph: 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid,proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36)months from the date of being placed on the convicted vendor list." 8. Paragraph 44.1, Davis-Bacon Act, of the Original Agreement, is amended to only reflect an updated Davis-Bacon Wage Determination Statement dated January 5,2024,which is attached hereto as Exhibit "C - Revised" and made a part hereof. All other provisions of Paragraph 44.1 remain the same. 9. The heading of Paragraph 44.7, Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. �200.322, of the Original Agreement, is hereby amended to correct the 11 173 heading of the current Paragraph 44.7, as set forth therein, and replace the heading it in its entirety to indicate the correct citation and reflect the new heading as Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 200.323,with the paragraph itself to remain the same. 10. Except as set forth in Paragraphs 1 through 9 of this First Amendment to Agreement, in all other respects, all the terms and conditions of the Original Agreement, dated December 7, 2022, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 12 174 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: Witnesses for CONTRACTOR: CONTRAC'rOR: BARNES ALARM SYSTEMS, INC. _7110 Signature of rson authorized to Signature legally bind CONTRACTOR I)ate:—L4-L L14-2 .............-N' D As P rint Name and T itle ,a Print Na, Address: `&WGW2)fSW,4 Signature Telephone Number 33 6,7�3 Date Print Name MONROE COUNP(Nr roANEY S OF FICE )�X') 3PVE0,A5TW 01W WT10A EMUS kSsts,rPf'r b?(T ATTORNEY DATE: 13 175 EXHIBIT "A — REVISED" Scope of Work 14 176 EXHIBIT "A -REVISED" SCOPE OF WORK FIRE ALARM, PANIC ALARM,AND SECURITY SYSTEM ANNUAL CERTIFICATION, MAINTENANCE, REPAIR,AND MONITORING MONROE COUNTY, FLORIDA Introduction: The Contractor will provide all labor, supervision, engineering, equipment, parts, tools, transportation, services, accommodations, incidentals, and supplies for Fire Alarm, Panic Alarm, and Security System Annual Certification, Maintenance, Repair, and Monitoring for various buildings located in the Upper, Middle, and Lower Keys, Monroe County, Florida. Work shall be performed in accordance with the Contract Documents, and all documentation shall be provided pursuant to National Fire Protection Association (NFPA) Requirements most current adopted NFPA 25,and schedules as well as keeping the equipment in proper operating condition to protect against unpredictable repair expenditures as well as ensure reliability and efficiency. Note: No oral interpretations will be made by any Contractor/Proposer as to the meaning of referenced NFPA 25 documents. The Contractor shall include all Fire Alarm maintenance and repairs, testing, annual inspections, and possible expansion of the systems, if required. The Contractor shall include all Panic Alarm Systems maintenance and repairs, testing, and certification and possible expansion of the systems, if required. Additional Security System services should include, but are not limited to, electronic door lock system installation and/or repair, horn/strobe installation and/or repair, or any other equipment necessary for safety-related issues, and Closed Circuit Television (CCTV) service. Also, when requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements. Upon approval by the County, Contractor shall invoice the County for such improvements at the fee schedule rates for labor and material markup as specified in the contract. Listed below are all of the current buildings and devices covered under this contract, hereinafter identified as "Lists of Equipment." More buildings and devices may be added at a later date. 177 Lists of Equipment Fire System: FIRE SYSTEM: CONTROL MODEL # BUILDING LOCATION PANEL Key West Courthouse 500 Whitehead St., Key West Simplex 4100 Judicial Workout Room 502 Whitehead St., Key West Notifier SFP-2402 (formerly Juvenile Detention) Sheriff Civil Division 500 Whitehead St., Key West Faraday Firewatch II J. Lancelot Lester Building & 530 Whitehead St., Key West Notifier AFP-200 Records Storage Freeman Justice Center 310 Fleming Street, Key West Notified AFP-200 AFP-200 Public Defender's New Office 316 Simonton Street TBD TBD KW Tax Collector(Searstown) 3304 N. Roosevelt Blvd., Key West Notifier NFW50X Supervisor of Elections/Bayshore 5200 College Road, Stock Island Notifier SFP-LOUD Office May Hill Russell Library 700 Fleming St., Key West Notifier SFP 400B Gato Building 1100 Simonton Street, Key West Simplex 4010 Gato Elevator 1100 Simonton Street, Key West N/A N/A Harvey Government Center 1200 Truman Avenue, Key West Notifier NFS-320 Bernstein Park 6751 51h Street, Stock Island Notifier NFW2-100 Big Pine Key Library 231 Key Deer Blvd., Big Pine Key Notifier SFP-2404 Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart 3 Big Pine Community 174 Key Deer Blvd, Big Pine Key Notifier NFW-SOX Center/Building Dept. Marathon Government Center 2798 Overseas Hwy., Marathon Faraday MPC-2000 Marathon Government Annex 490 63rd Street, Marathon FireLite MS-LOUD Marathon Detention Facility 3981 Ocean Terrace, Marathon FireLite Miniscan 4024 Marathon Sheriff's Hangar Marathon Airport Notifier NFS-320 178 FIRE SYSTEM: CONTROL MODEL # BUILDING LOCATION PANEL Marathon DMV/Tax Collector 3015 Overseas Hwy., Marathon Notifier NFW 50X Marathon Courthouse 3117 Overseas Hwy., Marathon Notifier NFW2-100 Marathon Library 3490 Overseas Hwy., Marathon Notifier NFS320 Marathon Library Elevator- 3490 Overseas Hwy., Marathon N/A N/A Cellular Ruth Ivins Center, Health Dept. 3333 Overseas Hwy., Marathon Notifier SFP-5UD Medical Examiner 56639 Overseas Hwy., Crawl Key Simplex 4010 Joe London Crawl Key Fire 56633 Overseas Hwy., Marathon FireLite MS-9050 Academy Ellis Building 88800 Overseas Highway, FireLite MP-24 Plantation Key Plantation Key Courthouse 88820 Overseas Hwy., Plantation FireLite MP-24 (old location) Key Islamorada Library MM 81.5, Islamorada FireLite MS-4424b Murray E. Nelson Governmental 102050 Overseas Highway, Key Siemens FS-250 and Cultural Center Largo Roth Building 50 Highpoint Road, Tavernier Edwards EST-2 Key Largo Library 101485 Overseas Hwy., Key Largo FireLite MS-5UD MC Fire Station 48 5655 MacDonald Ave., Stock Edwards VS-1 Island MC Fire Station # 9 28 Emerald Drive, Big Coppitt Notifier SFP-5UD MC Fire Station # 11 22352 Overseas Hwy., Cudjoe Key FireLite EX200 MC Fire Station # 13 390 Key Deer Blvd., Big Pine Key EST Quickstart MC Fire Station # 17 10 S. Conch Ave, Conch Key Notifier NFW2-100 MC Fire Station #22 151 Marine Drive, Tavernier Notifier NFW2-100 179 0 co _ u { \ m Q 2 \ & — c •- — — 7t 2 � / — � � U cz g w U > 2 7 m 6 \ \ •/ m � � 2 \ M7t00 ƒ § ■ Q / m @ w g 9 � � 00 # 2 � \ § � ? m ? 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Iq co _ u { § Q 2 \ & � — c •- — — — 2 \ ƒ � � � U cz U > 2 7 m V \ ® m � � 2 — § \ U / + u w 7t q � / o — � � 2 � \ § � q = u / 7t q % / U / Q Q — Q / % o % g q / Q m 2 � / / / / / q . . . . . § d w w w w w U 7 U d U 2 U w U q Panic System: Bi-Monthly (once every other month) Testing of Panic Alarms shall be performed on a time and material basis. Panic Alarm System Central Station Monthly Monitoring is as follows: PANIC SYSTEM: BUILDING LOCATION MANUFACTURER MODE Key West Drug Court 500 Whitehead St., Key West CH Annex system Judicial Workout Room 500 Whitehead St., Key West CH Annex system (middle) KW Courthouse J. Lancelot Lester Building & Records 530 Whitehead St. Key West CH Annex system Storage Freeman Justice Center Navarro-Ademco Vista 1 302 Fleming Street, Key West FSB Panel (digital) Freeman Justice Center Drug Court 302 Fleming Street, Key West Honeywell 7845 GSM (cellular) KW May Hill Russell Library 700 Fleming St., Key West Honeywell Lynx 5210 Gato Building 1100 Simonton St., Key West Ademco Honeywell Gato Building—2nd floor 1100 Simonton St., Key West Ademco Honeywell Stock Island Building Dept. 5503 College Road, Stock Island Lynx 5210 Big Pine Commissioner District 2 243 Key Deer Blvd., Big Pine Key Lynx 5210 Big Pine Key Library Big Pine Key Plaza, Big Pine Key Lynx 5210 Big Pine Community Center/Building 174 Key Deer Blvd., Big Pine Key Honeywell Proa7plus Dept. Marathon Govt. Center 2798 Overseas Hwy., Marathon Lynx 5210 Marathon Annex 63rd St 490 63rd Street, Marathon Lynx 5210 Marathon Courthouse 3117 Overseas Hwy., Marathon Lynx 5210 Marathon Library 3490 Overseas Hwy., Marathon Lynx 5210 Marathon State Attorney's Office 2975 Overseas Hwy., Marathon Vista 20P Medical Examiner 56639 Overseas Hwy., Crawl Key Simplex 4010 185 PANIC SYSTEM: BUILDING LOCATION MANUFACTURER MODE Ellis Building—Property Appraiser 88820 Overseas Hwy., Tavernier Vista 20P Plantation Key Courthouse (new) 88770 Overseas Hwy., Tavernier Pro Series A7Plus Islamorada Library MM 81.5, Islamorada Pro Series A7Plus Murray E. Nelson Govt. Center 102050 Overseas Hwy., Key Largo Honeywell 60-578 Key Largo Library 101485 Overseas Hwy., Key Largo Honeywell Vista 20p Magnolia Building 300 Magnolia, Key Largo Vista 20P Growth Management Ocean Reef 11601 CR 905, Key Largo Pro Series A7Plus Camera Locations and Quantity: Bernstein Park, Stock Island—Qty: 16 Big Pine Key Commissioner District 2 Office, Big Pine Key—Video intercom system Big Pine Key Community Park, Big Pine Key—Qty: 7 Marathon State Attorney—Qty: 14 Marathon Courthouse—Qty: 19 Marathon Library—Qty: 33 Marathon Medical Examiner—Qty: 16 Supervisor of Elections/Bayshore Manor, Stock Island—Qty: 3 Key West Library —Qty: 11 Freeman Justice Center, Key West—Qty: 29 Scope of Work: The below Scope of Work includes,but is not limited to the inspections, maintenance,monitoring, service, and replacement of Fire Alarm Systems, Panic Alarm Systems, and other Security Systems, such as electronic door lock systems, horns/strobes, and CCTV systems. 186 Inspection A visual inspection of every device in the above"Lists of Equipment"will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Testing Every device and control function shown in the "Lists of Equipment"will be physically activated to ensure its functionality as designed and installed. Testing takes into consideration the AHJ (Authority Having Jurisdiction) requirements, local ambient conditions and the manufacturer's recommendations. Contractor will follow NFPA 72 recommended test methods and frequencies as a minimum guideline for system testing. System configuration is verified during inspections and compared to existing records. Complete documentation of testing and a report of any deficiencies will be presented for review before the technician leaves the facility. Audible testing will be conducted during off or non-operational hours and the schedule will be pre-approved by the County. Smoke Detector Sensitivity Smoke Detector Sensitivity Testing will be performed in accordance with NFPA 72 using the manufacturer's recommended test methods and a UL(Underwriters Laboratories)approved testing device. Contractor will provide the necessary documentation to satisfy the AHJ. Contractor will provide an analysis of the report along with recommendations for detectors that require cleaning or replacement. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Perform Monthly Fire and Panic Alarm Monitoring, Annual Fire Alarm Inspections and Bi- Monthly Panic Testing (once every two (2) months). The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four(24) hour service. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental), plus fifteen percent (15%), that are used in repair of County owned and maintained fire and alarm systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. 187 The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or three percent(3%), whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. Specifications: A. FIRE ALARM SYSTEM ANNUAL CERTIFICATION 1. The Contractor shall furnish fire alarm system annual certification and maintenance, (including Calibrated and/or Standard Smoke Detector Sensitivity Testing as required by the National Fire Protection Association); including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Fire alarm annual certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Facilities Maintenance, Contract Monitor, 123 Overseas Hwy., Rockland Key, Key West, Florida 33040, within thirty (30) days prior to expiration of respective existing certifications. 4. All identified deficiencies which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. NOTE: When performing annual inspections for some Monroe County facilities, primarily the Courthouses,it may be necessary to schedule inspections before or after normal hours on an overtime basis. B. FIRE ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same to include, but not limited to, the locations indicated on the "Lists of Equipment 2. Contractor is to provide Total Service Coverage. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County maintained alarm systems so that such emergency repair will be completed within forty- eight(48) hours of notification by the Owner. 3. Work shall be performed in accordance with, and all documentation shall be provided pursuant to National Fire Protection Association Requirements. C. FIRE ALARM SYSTEM REPAIR AND MAINTENANCE 1. System Software Updates -Microprocessor based systems will have the software upgraded when required to maintain the listing requirements of the AHJ. 188 2. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are used in order to preserve Underwriters Laboratories (U.L.) Listings and meet NFPA requirements. D. PANIC ALARM SYSTEM CERTIFICATION 1. The Contractor shall furnish panic alarm system annual certification and maintenance, (as required by the National Fire Protection Association); including all necessary labor, equipment,permits, licenses, insurances, travel costs. and all other costs associated. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Alarm Certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Facilities Maintenance Department, 123 Overseas Highway, Rockland Key, Key West, Florida 33040, within thirty (30) days prior to expiration of respective existing certifications. 4. All identified deficiencies, which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. E. PANIC ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment,permits, licenses, insurances, travel costs, and all other costs. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Contractor shall also provide a price to replace,register, and reprogram Communicators as necessary for the purpose of establishing monitoring which includes any necessary updates to the County's currently monitored systems. F. PANIC ALARM TESTING, REPAIR AND MAINTENANCE 1. Contractor shall test all panic alarms Bi-monthly to ensure they working properly. Testing shall include, but not be limited to, battery life, proper communication signal, and overall device function. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. All identified deficiencies, which are detected and identified during the course of the testing process, shall be rendered and submitted, along with all documentation for 189 corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. G. OTHER SECURITY SYSTEMS REPAIR AND MAINTENANCE 1. The Contractor shall furnish electronic door lock systems, horns/strobes, and CCTV systems, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. All identified deficiencies, which are detected shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. 190 EXHIBIT `B" APPLICATION FOR PAYMENT DETAILS 191 APPLICATION FOR PAYMENT DETAILS DATE: INVOICE NUMBER: ARRIVAL TIME: DEPARTURE TIME: LOCATION: ROUTINE: REPAIR: PARTS AND MATERIALS COSTS ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 1 2 3 4 5 PARTS&MATERIALS SUB-TOTAL $ 15%INCREASE ON ABOVE PARTS&MATERIALS $ SERVICES SUPPLIED BY OTHERS(amount charged to be reimbursed) $ FREIGHT CHARGE(amount charged to be reimbursed) $ TAX CHARGES (amount charged to be reimbursed) $ PARTS &MATERIALS TOTAL $ LABOR(rounded to 15 minute increments) AND EQUIPMENT COSTS Regular HOURS Technician $ SUB-TOTAL $ Regular HOURS Technician&Helper$ SUB-TOTAL $ Regular HOURS Helper alone or additional Helper $ SUB-TOTAL $ Overtime HOURS Technician $ SUB-TOTAL $ Overtime HOURS Technician&Helper $ SUB-TOTAL $ Overtime HOURS Helper alone or additional Helper $ SUB-TOTAL $ LABOR AND EQUIPMENT TOTAL $ TOTAL$ DESCRIPTION OF WORK: Date Authorized Signature/Title *Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts&materials,freight for transportation/shipping costs,equipment rental amounts,taxes,and services supplied by others. 192 EXHIBIT "C - REVISED" DAVIS-BACON WAGES STATEMENT 193 1/8/24,4:28 PM SAM.gov "General Decision Number: FL2O24OO22 01/05/2024 Superseded General Decision Number: FL2O23OO22 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(1) . 1If the contract is entered 1 . Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at after January 30, 2022: least $17.20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. 1If the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the January 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 130, 2022: 1 $12.90 per hour (or the applicable wage rate listed) on this wage determination, if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2024 194 https://sam.gov/wage-determination/FL20240022/0 ,,.. 1/8/24,4:28 PM SAM.gov ELEC0349-003 09/01/2023 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 39.81 14.62 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . .$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes. . . . . . . . . . . . . . . . .$ 40.40 14.90 Cranes 130-300 Ton. . . . . . . . . .$ 39.38 14.90 Cranes 76 ton to 129 Ton. . . .$ 37.57 14.90 ---------------------------------------------------------------- IRON0272-004 10/01/2023 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 27.75 15.27 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 ---------------------------------------------------------------- SFFL0821-001 07/02/2023 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). . . . . . . . . . . . . . . . . . . . . .$ 32.03 22.15 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation). . . . . . . . . . . . . . . . . . . .$ 29.10 14.68 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 ** 5.07 CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 ** 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 9.58 ** 0.00 195 https://sam.gov/wage-determination/FL20240022/0 - 1/8/24,4:28 PM SAM.gov OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), 196 https://sam.gov/wage-determination/FL20240022/0 ..,.. 1/8/24,4:28 PM SAM.gov a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 197 https://sam.gov/wage-determination/FL20240022/0 — 1/8/24,4:28 PM SAM.gov 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" 198 https://sam.gov/wage-determination/FL20240022/0 ..,.. Kevin Madok, cpA x Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: December 22, 2022 TO: Alice Steryou Contract Monitor FROM: Pamela G. HancoAwl—C. SUMECT: December 7' BOCC Meeting Attaclie(I is an electronic copy of the fi)lloming item for your liandling: S5 AWeenient witli Barnes Alarm Systems, Inc. I'Or Fire and Panic Alarm and Security System Malintcriance, Repalir, Monitoning and Inspection Services. This contract is paid from Funds 001, 101 and 147. Sliould you leave any questions please feel Free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 199 AGREEMENT FOR FIRE ALARM, PANIC ALARM, AND SECURITY SYSTEM ANNUAL CERTIFICATION, MAINTENANCE, REPAIR, AND MONITORING MONROE COUNTY, FLORIDA This Agreement is made and entered into this 7th day of December, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BARNES ALARM SYSTEMS, INC., a Florida Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 3201 Flagler Ave., Suite 503, Key West, Florida 33040, but whose mailing address for purposes of this Agreement is 5800 Overseas Highway, No. 30, Marathon, Florida 33050. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit "A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in the attached Exhibit "A"; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit "A" for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, and any addenda only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated, or as amended throughout the term of this Agreement. The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. 1 200 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per site and/or location can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, DEP regulations, and all other applicable local, State, and Federal regulations. The Contractor shall be available twenty-four (24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of an alarm malfunction within four (4) hours of verbal, email, or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. Uniforms are preferred for Contractor's personnel; however, photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. BACKGROUND CHECKS/ FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D. Prior employment check; and E. Criminal History check 2 201 are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk. The Monthly costs shall include the Fire and Panic Monthly Monitoring. Such invoices shall be submitted monthly in arrears. The Bi-Monthly (once every 2 months) Testing of Panic Alarms shall be performed on a time and material basis and invoiced upon completion. The Annual Fire Alarm Inspections shall be per location and invoiced upon completion with supporting reports. Contractor shall submit to County invoices no later than twenty-five (25) days after inspections/repairs with supporting documentation acceptable to the Clerk. If any major deficiencies are found, the County must be notified in writing within forty-eight (48) hours, otherwise reports must be submitted within fifteen (15) days of inspection date. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Monroe County's Fiscal Year is October 1 sc through September 301h. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non- payment for those services. C. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of: 3 202 FIRE ALARM SYSTEMS AND LOCATIONS ANNUAL FIRE SYSTEM: INSPECTION AMOUNT MONTHLY CONTROL MODEL (including MONITOR BUILDING LOCATION PANEL # any possible AMOUNT overtime) Key West Courthouse 500 Whitehead St., Key West Simplex 4100 $ 1,013.17 $43.26 Judicial Workout Room 502 Whitehead St., Key West Notifier SFP-2402 $283.30 $43.26 (formerly Juvenile Detention) Sheriff Civil Division 500 Whitehead St., Key West Faraday Firewatch II $283.30 $43.26 J. Lancelot Lester Building & $ 1,985.27 $43.26 Records Storage 530 Whitehead St., Key West Notifier AFP-200 Freeman Justice Center 310 Fleming Street, Key West Notified AFP- AFP-200 $802.34 $43.26 200 KW Tax Collector 3304 N. Roosevelt Blvd., Key Notifier NFW50X $445.50 $43.26 (Sea rstown) West Bayshore Manor 5200 College Road, Stock Notifier SFP-10UD $526.60 $43.26 Island May Hill Russell Library 700 Fleming St., Key West Notifier SFP 400B $364.40 $43.26 Gato Building 1100 Simonton Street, Key Simplex 4010 $688.79 $43.26 West Gato Elevator 1100 Simonton Street, Key $ 0 $27.04 West Harvey Government Center 1200 Truman Avenue, Key Notifier NFS-320 $ 1,013.17 $43.26 West Big Pine Key Library Key Key Deer Blvd., Big Pine Notifier SFP-2404 $445.50 $43.26 Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart $688.79 $43.26 3 Marathon Government 2798 Overseas Hwy., Faraday MPC-2000 $ 1,013.17 $43.26 Center Marathon Marathon Government 490 63rd Street, Marathon FireLite MS-10UD $526.60 $43.26 Annex Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan $526.60 $43.26 Marathon 4024 Marathon Sheriffs Hangar Marathon Airport Notifier NFS-320 $526.60 $43.26 Marathon DMV/Tax 3015 Overseas Hwy., Notifier NFW 50X $445.50 $43.26 Collector Marathon 4 203 ANNUAL FIRE SYSTEM: INSPECTION AMOUNT MONTHLY CONTROL MODEL (including MONITOR BUILDING LOCATION PANEL # any possible AMOUNT overtime) Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2-100 $607.69 $43.26 Marathon Marathon Library 3490 Overseas Hwy., Notifier NFS320 $526.60 $43.26 Marathon Ruth Ivins Center, Health 3333 Overseas Hwy., Notifier SFP-5UD $526.60 $43.26 Dept. Marathon Medical Examiner 56639 Overseas Hwy., Crawl Simplex 4010 $607.69 $43.26 Key Ellis Building 88800 Overseas Highway, FireLite MP-24 $688.79 $43.26 Plantation Key Plantation Key Courthouse 53 Highpoint Road, Plantation FireLite MP-24 $ 1,013.17 $43.26 (old location) Key Islamorada Library MM 81.5, Islamorada FireLite MS-4424b $688.79 $43.26 Murray E. Nelson 102050 Overseas Highway, Siemens FS-250 $ 1,336.28 $43.26 Governmental and Cultural Key Largo Center Roth Building 50 Highpoint Road, Tavernier Edwards EST-2 $ 1,013.17 $43.26 MC Fire Station#9 28 Emerald Drive, Big Coppitt Notifier SFP-5UD $364.40 $43.26 MC Fire Station# 11 22352 Overseas Hwy., Cudjoe FireLite EX200 $567.20 $43.26 Key MC Fire Station# 13 390 Key Deer Blvd., Big Pine EST Quickstart $567.20 $43.26 Key MC Fire Station#22 151 Marine Drive, Tavernier Notifier NFW2-100 $688.79 $43.26 Key Largo Library 101485 Overseas Highway, FireLite MS-5UD $688 79 $43.26 Tradewinds Shopping Plaza MC Fire Station# 17 10 S. Conch Ave, Conch Key Notifier NFW2-100 $527.63 $43.26 MC Fire Station#8 5655 MacDonald Ave., Stock Edwards VS-1 $283.30 $43.26 Island Joe London Crawl Key Fire 56633 Overseas Hwy., FireLite MS-9050 $527.63 $43.26 Academy Marathon Bernstein Park 6751 5ch Street, Stock Island Notifier NFW2-100 $835.86 $43.26 5 204 Cl) LO 0 R I m O � E � 2 = 0 � L ƒ � f E o 0 U o � � @ g E m c ¥ A A m 3 > 0 E cn cu> § m 2 � 20 o — E g \ k 2 m Lcn 2 c ¥ c A � ¥ 3 � « § k m c cu / § ? CIO / © K 0 ƒ q 2 / / CIO ¥ q CIO 3 2 / c = O @ 0 / o c w ¥ o R c r g g k Cl) C) \ A � % m ¥ c � 3 E o 2 @ � a) r- § 2 xcu n \ 7 \ cn o \ E ° 7 ± @ o @ .0 ® £ — ® c @ § @ 2 § E k / 0 § / \ / % k cu R % R \ 2 § U \ 7 o @ E � I � 2 � U � w 0 O1L a � k3 LU 0m c � 2 Cl) (D CN 0 R / A O @ � E 2 = 0 g A � L ƒ 0E CIO o 0 U o � � @ g 2 > m A c m 3 > 0 E cn cu> E A � / 2o o % % 2 � A m CIO CIO 2 m cn LL 0 0 m g � m � ¥ 3 � « § k » \ $ CY)@ @ B � % c o @ \ 0 ƒ q 2 / / � g o 3 2 / E m c O @ 0 / @ � c L m C14c C14 / R A k Cl) \ ¥ c c c CIO c CIO @ � cu t U � ® cur_ $ 7 . 3 5 § E E k § k § x k k k k k k 0 7 @ k m E \ @ k \ @ @ \ b \ - \ � \ t > 2 E 0 E 7£ 7 0 E 0 E E 0 [ E 2 E ƒ E 7 o E 0 3 33U 62 6U VDU � 3 « � 0 75; m 7> 0U � U Cl) 1- 0 R I q O � E 0 2 = 2� - A L ƒ � f E o 0 o a � am) g E > g A A m 3 > 0 E W cu> E � / o 2 o W> g / >, � 2 m LL 0 2 g A g c A g � ¥ 3 � « § k e \ $ @ @ B % 00 E q 2 ® 4 q 0 ƒ q 2 / / A ¥ A c c 3 2 � / A 'ITc A m O @ 0 � c A A CIO @ % c 'ITq c R k Cl) \ C) m m ¥ c c @ L A m m c A � cu @ U # E_ q E_ @ E > @ ? # § ) 6 7 2 Cl) \ 2 q 7 � 7 ¥ 2) f = / - f M k 0 ± E § ® § L - ± E @ 7 £ @ E k 75 w w (IW q 7> k U � q ƒ q Cl) co 0 0 I CN O � E � 2 = 0 � L ƒ � f E o 0 o a � am) g E > A g g m 3 > 0 E W cu> E � / o 2 o % % ® W CIO 2 m LL 0 0� CIO¥ � 3 � « 0 k e \ $ :3 @ @ B CIO C14 0 ƒ q 2 ƒ / A A A O � / A m O @ � q C) kC� k ) \ � c c ¥ � 3 @_ E LL E ® n 0 qW - ƒ E ° -�e -1 3: § ¥ 0 @ @ E 0 k 3 k 0 U 0 3 Bi-Monthly(once every other month) Testing of Panic Alarms shall be performed on a time and material basis. Panic Alarm System Central Station Monthly Monitoring is as follows: PANIC SYSTEM: MANUFACTURER MONTHLY MONITOR BUILDING LOCATION MODEL # AMOUNT Key West Courthouse 502 Whitehead St., Key CADDX $ 27.04 Annex West Judicial Workout Room 502 Whitehead St., Key CH Annex system $ 27.04 (middle) KW Courthouse West J. Lancelot Lester Building 530 Whitehead St. Key CH Annex system $ 27.04 & Records Storage West J. Lancelot Lester Building 530 Whitehead St. Key CH Annex system $ 27.04 - District 3 Commissioner West Old Courthouse - District 1 500 Whitehead St., Key CH Annex system $ 27.04 Commissioner West Old Courthouse — 500 Whitehead St., Key $ 27.04 Traffic/Fines West CH Annex system Freeman Justice Center 302 Fleming Street, Key Navarro-Ademco $ 27.04 West Vista 128 FSB Panel (digital) Freeman Justice Center 302 Fleming Street, Key Honeywell 7845 $ 27.04 West GSMR (cellular) Gato Building —Social 1100 Simonton St., Key Ademco Honeywell $ 27.04 Services West Gato Building —2nd floor 1100 Simonton St., Key Ademco Honeywell $ 27.04 West Marathon Govt. Center 2798 Overseas Hwy., Lynx 5210 $ 27.04 Marathon Marathon Annex 63rd St 49063 d Street, Marathon Lynx 5210 $ 27.04 Medical Examiner 56639 Overseas Hwy., Simplex Grinnel $ 27.04 Crawl Key 4010 FACP 10 209 PANIC SYSTEM: MANUFACTURER MONTHLY MONITOR BUILDING LOCATION MODEL # AMOUNT Ellis Building - Supervisor 88820 Overseas Hwy., CADDX $ 27.04 of Elections Tavernier NX-6 88820 Overseas Hwy., $ 27.04 Ellis Building - Traffic Tavernier CADDX NX 6 Ellis Building - Social 88820 Overseas Hwy., $ 27.04 Services Tavernier CADDX NX 6 88800 Overseas Hwy., $ 27.04 Ellis Building - Planning CADDX NX 6E Tavernier Murray E. Nelson Govt. 102050 Overseas Hwy., $ 27.04 Center Key Largo Honeywell 60-578 88770 Overseas Hwy., Honeywell 5802- $ 27.04 Spottswood Station Tavernier WXT(Digital) 88770 Overseas Hwy., Honeywell 5802- $ 27.04 Spottswood Building Tavernier WXT(Cellular) Magnolia Building 300 Magnolia, Key Largo Vista 20P $ 27.04 Ellis Building-Property 88770 Overseas Hwy., $ 27.04 Appraiser Tavernier Vista 20P Growth Management 11601 CR 905, Key Largo $ 27.04 Ocean Reef Pro Series A7PIus MC Commissioner District Big Pine Key Plaza, Big Lynx 5210 $ 27.04 2 Pine Key Key West Building Dept Stock Island, Key West Lynx 5210 $ 27.04 Marathon State Attorney Marathon Vista 20P $ 27.04 Office PK Courthouse (new) Islamorada Pro Series A7PIus $ 27.04 Islamorada Library MM 81.5, Islamorada Pro Series A7PIus $ 27.04 Big Pine Key Library Big Pine Key Plaza, Big Lynx 5210 $ 27.04 Pine Key 11 210 PANIC SYSTEM: MANUFACTURER MONTHLY MONITOR BUILDING LOCATION MODEL # AMOUNT 3117 Overseas Hwy., $ 27.04 Marathon Courthouse Marathon Lynx 5210 3490 Overseas Hwy., $ 27.04 Marathon Library Marathon Lynx 5210 The tables provided represent the most current information from the County regarding its buildings and their systems and may contain errors. By submitting a proposal, the Contractor agrees that they have verified the existing systems and condition. The Total Annual (12 Months), Monthly Monitoring and Annual Inspections shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Fifty-two Thousand Eight Hundred Thirty-nine and 70/100 Dollars. (Grand Total Annual (12 Months), Monthly Monitoring and Annual Inspections Proposal-words) $ 52,839.70 (Grand Total Annual (12 Months), Monthly Monitoring and Annual Inspections Proposal — numbers) The above annual total amount is comprised of the following: Total Fire Alarm Annual Inspections $23,638.18 Total Fire Alarm Monthly Monitoring $1,541.14 X 12 Total Panic Alarm Monthly Monitoring $ 892.32 X 12 Contractor shall also provide a price and brief description of services required to replace, register, and reprogram Communicators as necessary for the purpose of establishing monitoring by proposer which includes any necessary updates to the County's currently monitored systems. For properties requiring upgraded communicators, billing will be done as follows: hourly rate times the time onsite and materials cost with 15% increase. 17 Properties, 1.5 hr. + $240.35 each. 12 211 The Total Proposal Price to replace, register, and reprogram Communicators to establish monitoring. Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. (Total Proposal Price to replace, register, and reprogram Communicators to establish monitoring -words) Six Thousand Two Hundred Fifty-three and 45/100 Dollars (Total Proposal Price to replace, register, and reprogram Communicators to establish monitoring — numbers) $6,253.45 Additional Services and Emergency Services, (ex. Post — hurricane cleanup, including all costs associated with equipment, debris removal, and dumping fees: For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The Application for Payment form is attached hereto as Exhibit "B" and made a part hereof for submission with invoices. Total Hourly Fees for Repairs, Panic Testing,Additional Services, Security System Services and Emergency Services - (including equipment costs & dumping fees): a) Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays: $ 85.00 per hour, technician $ 130.00 per hour, technician plus helper $ 45.00 per hour, technician helper working alone or additional helper b) Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 127.50 per hour, technician $ 195.00 per hour, technician plus helper $ 67.50 per hour, technician helper working alone or additional helper c) Parts Cost Plus: Contractor shall be allowed Fifteen (15%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the 13 212 manufacturer, plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment whether the part is under warranty or not. Freight invoices must accompany all orders that require shipping or transportation of parts, whether the part is under warranty or not. There shall be no additional charges to the County for travel, mileage, meals, or lodging. Contractor shall submit proposals for services costing$1,000.00 or more and itemized invoices in writing. D. Total Compensation to Contractor under this Agreement shall not exceed One Hundred Eighteen Thousand Eight Hundred ($118,800.00) Dollars annually, unless pre-approved work requiring additional funds is implemented. Additional services and emergency services shall be performed in accordance with the rates as set forth and described herein, but such work must be pre-approved. E. In the event of a major component failure, system breakdown, maintenance service or other repairs, not contemplated herein as set forth on Exhibit "A", the County shall have the option to request from the Contractor only, a proposal/quote for the additional work in an amount that could exceed Five Thousand and 00/100 ($5,000.00) Dollars. Any proposal over Five Thousand and 00/100 ($5,000) Dollars, up to and including Ten Thousand and 00/100 ($10,000.00) Dollars, must be approved and signed by the Division Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100($10,000.00) Dollars, up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 99/100 ($49,999.99) Dollars, must be approved and signed by the Division Director and the County Administrator. 6. TERM OF AGREEMENT This two (2) year Agreement shall commence on December 13, 2022, and ends upon December 12, 2024, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional three (3) one-year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of two (2) years. The County is not required to state a reason if it elects not to renew. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year. 7. LICENSES 14 213 Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR§200.33, if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. 9. RIGHT TO AUDIT Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Fla. Stat., running from the date the monies were paid to Contractor. The right to audit provisions survive the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMPLIANCE 15 214 Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, 16 215 notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE NO. 305-292-3470, BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 11. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B)the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub- contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this paragraph. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall 17 216 indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $500,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are $200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS CERTIFICATE HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 13. INDEPENDENT CONTRACTOR 18 217 At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NONDISCRIMINATION/ EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI I of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VI I I of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual 19 218 orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this 20 219 contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 15. ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 16. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 21 220 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. No Solicitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 19. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Chris Globe, Barnes Alarm Systems, Inc Facilities Maintenance Department 5800 Overseas Highway # 30 123 Overseas Hwy., Rockland Key Marathon, Florida 33050 Key West, FL 33040 (305) 743-7334 and Monroe County Attorney 1111 121h Street, Suite 408 Key West, FL 33040 22 221 20. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 21. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service,the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' written notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon ninety (90) days' written notice to CONTRACTOR. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. 23 222 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING LAW, VENUE, AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 23. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 24. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, 24 223 covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 25. ATTORNEYS FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 26. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Contractor and County Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity 25 224 to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. 30. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that affect the Project will be provided to each party. 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement, as set forth within this RFP. 26 225 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 38. PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the 27 226 County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 43. AGREEMENTS WITH SUBCONTRACTORS In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. 44. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "C" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 28 227 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of 29 228 laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation;liability for unpaid wages;liquidated damages. I n the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1)of 29 C.F.R. §5.5, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1) through (4 and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, paragraphs (1) through (4). 44.3 Rights to Inventions Made Under a Contract orAgreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 30 229 44.4 Clean Air Act(42 U.S.C. 447401-7671g.) and the Federal Water Pollution Control Act (33 U.S.C. 441251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671 q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251- 1387), as amended, applies to Contracts and subgrants of amounts in excess of$150,000. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 44.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a "covered transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 C.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at w.,..q irm„I gy. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 44.6 Byrd Anti-Lobbying Amendment (31 U.S.C. & 11352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, 31 230 attached hereto and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY. 44.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired- 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 44.8 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. & 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. 32 231 (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 44.9 Domestic Preference for Procurements as set forth in 2 C.F.R. 4200.322. The COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 44.10 Americans with Disabilities Act of 1990, as amended (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.11 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. � 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS A. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services,then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B. Affirmative steps must include: 33 232 (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. OTHER FEDERAL AND/OR FEMA REQUIREMENTS (as applicable) 44.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by DHS; (2) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; (3)Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.13 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44.15 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.16 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 34 233 44.17 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 44.18 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 44.19 If this Agreement is funded by the Florida Department of Emergency Management (FDEM), the Contractor will be bound by the terms and conditions of any applicable Federally-Funded Sub-Award and Grant Agreement between the County and the Florida Division of Emergency Management (Division). 44.20 If applicable, the Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 44.21 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. §§6201-6422) and will all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 45. Florida E-Verify System — Beginning January 1, 2021, in accordance with Fla. Stat., Sec. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.095. 46. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic 35 234 area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 47. WARRANTY OF PERFORMANCE Contractor represents and warrants that it possesses the knowledge, skill, experience, and financial responsibility required to perform and provide all services set forth in the Scope of Work and that each person and entity that will provide services is duly qualified to perform such services by all appropriate governmental authorities, where required, and is sufficiently experienced and skilled in the area(s) for which such person or entity will render such services. Contractor represents and warrants that the services in the Scope of Work shall be performed in a skillful and respectful manner, and that the quality of all such services shall equal or exceed prevailing industry standards for the provision of such services. 48. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 49. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 36 235 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day and year first written above in one (1)counterpart, each of which shall, without proof in for other counterparts, be deemed an original contract. BOARD OF COUNTY COMMISSIONERS N MADOK, CLERK OF MONROE CO' IN PIT', FIL UORII DI'A 001 By: By: As Deputy Clerk 4ao4o� Date: Witnesses for CONTRACTOR: CONTRACTOR: BARNES ALARM SYSTEMS, INC. Signature of pel;fn authorized,to Signature legally bind CONTRACTOR Date: I Date Print Name Print Name and Title Address:-2���� Signature Telephone Number zcj Lk Date Print Name MONROE COUNTY ATTORNEYS OFFICE DAB TO PATRICIA EABLFES 37 A-EOSTTL5 TORNEY DATE: 236 EXHIBIT "A" SCOPE OF WORK FIRE ALARM, PANIC ALARM, AND SECURITY SYSTEM ANNUAL CERTIFICATION, MAINTENANCE, REPAIR, AND MONITORING MONROE COUNTY, FLORIDA Introduction: The Contractor will provide all labor, supervision, engineering, equipment, parts, tools, transportation, services, accommodations, incidentals, and supplies for Fire Alarm, Panic Alarm, and Security System Annual Certification, Maintenance, Repair, and Monitoring for various buildings located in the Upper, Middle, and Lower Keys, Monroe County, Florida. Work shall be performed in accordance with the Contract Documents, and all documentation shall be provided pursuant to National Fire Protection Association Requirements most current adopted NFPA 25, and schedules as well as keeping the equipment in proper operating condition to protect against unpredictable repair expenditures as well as ensure reliability and efficiency. Note: No oral interpretations will be made by any Contractor/Proposer as to the meaning of referenced NFPA 25 documents. The Contractor shall include all Fire Alarm maintenance and repairs, testing, annual inspections, and possible expansion of the systems, if required. The Contractor shall include all Panic Alarm Systems maintenance and repairs, testing, and certification and possible expansion of the systems, if required. Additional Security System services should include, but are not limited to, electronic door lock system installation and/or repair, horn/strobe installation and/or repair, or any other equipment necessary for safety-related issues, and CCTV service. Also, when requested by the County, the Contractor shall advise and recommend, in writing to the County, any needed improvements. Upon approval by the County, Contractor shall invoice the County for such improvements at the fee schedule rates for labor and material markup as specified in the contract. Listed below are all of the current buildings and devices covered under this contract, hereinafter identified as "Lists of Equipment." More buildings and devices may be added at a later date. 237 Fire System: Building Location Control Panel Model # Key West Courthouse 500 Whitehead St., Key West Simplex 4100 Judicial Workout Room 502 Whitehead St., Key West Notifier SFP-2402 (formerly Juvenile Detention) Sheriff Civil Division 500 Whitehead St., Key West Faraday Firewatch II J. Lancelot Lester Building & 530 Whitehead St., Key West Notifier AFP-200 Records Storage Freeman Justice Center 310 Fleming Street, Key West Notified AFP- AFP-200 200 KW Tax Collector 3304 N. Roosevelt Blvd, Key Notifier NFW50X (Searstown) West Bayshore Manor 5200 College Road, Stock Notifier SFP-10UD Island May Hill Russell Library 700 Fleming St., Key West Notifier SFP 400B Gato Building 1100 Simonton Street, Key Simplex 4010 West Gato Elevator 1100 Simonton Street, Key West Harvey Government Center 1200 Truman Avenue, Key Notifier NFS-320 West Big Pine Key Library Key Key Deer Blvd., Big Pine Notifier SFP-2404 Big Pine Key Park 29001 Atlantic, Big Pine Key EST Quickstart 3 Marathon Government 2798 Overseas Hwy., Faraday MPC-2000 Center Marathon Marathon Government 490 63rd Street, Marathon FireLite MS-10UD Annex Marathon Detention Facility 3981 Ocean Terrace, FireLite Miniscan Marathon 4024 Marathon Sheriffs Hangar Marathon Airport Notifier NFS-320 Marathon DMV/Tax 3015 Overseas Hwy., Notifier NFW 50X Collector Marathon Marathon Courthouse 3117 Overseas Hwy., Notifier NFW2-100 Marathon Marathon Library 3490 Overseas Hwy., Notifier NFS320 Marathon 238 Building Location Control Panel Model # Ruth Ivins Center, Health 3333 Overseas Hwy., Notifier SFP-5UD Dept. Marathon Medical Examiner 56639 Overseas Hwy., Crawl Simplex 4010 Key Ellis Building 88800 Overseas Highway, FireLite MP-24 Plantation Key Plantation Key Courthouse- 53 Highpoint Road, Plantation FireLite MP-24 old location Key Islamorada Library (Old)MM 81.5, Islamorada Fire Lite MS-4424b Murray E. Nelson 102050 Overseas Highway, Siemens FS-250 Governmental and Cultural Key Largo Center Roth Building 50 Highpoint Road, Tavernier Edwards EST-2 MC Fire Station#9 28 Emerald Drive, Big Coppitt Notifier SFP-5UD MC Fire Station# 11 22352 Overseas Hwy., Cudjoe Firelite EX200 Key MC Fire Station# 13 390 Key Deer Blvd, Big Pine EST Quickstart Key MC Fire Station#22 151 Marine Drive, Tavernier Notifier NFW2-100 Key Largo Library 101485 Overseas Highway, FireLite MS-5UD Tradewinds Shopping Plaza MC Fire Station# 17 10 S. Conch Ave, Conch Key Notifier NFW2-100 MC Fire Station#8 5655 MacDonald Ave., Stock Edwards VS-1 Island Joe London Crawl Key Fire 56633 Overseas Hwy., FireLite MS-9200- Academy Marathon UDLS Bernstein Park 6751 5ch Street, Stock Island Notifier NFW2-100 239 0 Iq q @ § Cl) g O 4) � E � 2 = 0 � L ƒ � f E o 0 � U o a � am) g E m c ¥ A A m 3 > 0 E W cu> § m 2 � 20 o — E g \ k 2 m L 2 c ¥ c A � ¥ 3 � « § ® W cu / § ? CIO / © K 0 ƒ q 2 / / CIO ¥ q CIO 3 0 � / c = O @ 0 / o c w ¥ o R c r g g k Cl) C) \ A � % m ¥ c � 3 @ o 0 k C W cu cu W @ e \ E E f $ / ƒ @ 2 ° o q � 7 ' \ e / R @ .0 ® E f § c § @ E @ 0 o o = c E 7 £ 0@ ) % E ¥ 0 7 E 6 o £ 7 ± R % R \ k 2 § \ � 7 ƒ o / / I 2 U w � 0 O L U . m a -1 k 3 L U U m c 75 2 _ Iq q @ § � A O @ � E 2 = 0 g A � L ƒ E co � o 0 � U o a � am) g 2 > m A c m 3 > 0 E W cu> E A � / 2o o % % 2 W A m CIO CIO 2 m LL 0 0 m g � m � ¥ 3 � « § ® \ $ CY)@ @ B � % c o @ \ 0 ƒ q 2 / / � g o 3 2 � / E m c O @ 0 / @ � c L m C14c C14 / R A k Cl) \ ¥ c c c CIO c CIO @ � cu t U � ® cur_ $ 7 . 3 '5 E @ @ \ 0 E 0 E 0 0 0 m 0 § 0 0 0 5 c E E E £ E £ E x 0 £ £ £ w £ £ 7 @ k M E \ @ k \ @ @ \ b \ \ a) \ t > 2 E 0 E 7£ 70 E 0 E E 0 [ E 2 E ƒ E 7 o E 0 3 33U 62 6U VDU � 3 « � 0 75; m 7> 0U � U q Iq q @ \ § 3f � E 2 = 0� A L ƒ � f E o 0 o � @ g E > g A A m 3 > 0 E W cu> E � / o 2 o W> Cr)/ >, � 2 m LL 0 2 g A g qT c A g � ¥ 3 � « § ® \ $ @ @ B % 00 E q 2 ® 4 q 0 ƒ q 2 / / A ¥ A c c 3 2 � / A c A m O @ 0 C14 c A A CIO @ % c qTq L c R k Cl) \ C) m m ¥ c c @ L A m m c A � cu ± E @ W # E_ q E_ @ ® E @ # m E 2 7 m ® # § ) 6 7 2 R \ LU 7 L 7 ¥ 2) f / / f § ± E c L § L - ± E @ £ @ E k w w ( W q � 0 U c q ƒ q M Iq q @ 0 § 3f � E � 2 = 0 � L ƒ � f E o 0 o a � am) g E > A g g m 3 > 0 E W cu> E � / o 2 o % % ® W CIO 2 m LL 0 0� CIO¥ � 3 � « § ® W cu / § CIO C14 0 ƒ q 2 ƒ / A A A O � / A m O @ � q C) kC� k ) \ � c c ¥ 753 m ? @ o L 2 = LL cu E E 0 qW c ƒ E ° -�e -1 3: § ¥ 0 @ @ E 0 k 3 k 0 U 0 3 Panic System: Building Address Model # Key West Courthouse 502 Whitehead St., Key CADDX Annex West Judicial Workout Room 502 Whitehead St., Key CH Annex system (middle) KW Courthouse West J. Lancelot Lester Building 530 Whitehead St. Key West CH Annex system & Records Storage J. Lancelot Lester Building - 530 Whitehead St. Key West CH Annex system District 3 Commissioner Old Courthouse - District 1 500 Whitehead St., Key CH Annex system Commissioner West Old Courthouse — 500 Whitehead St., Key Traffic/Fines West CH Annex system Freeman Justice Center 302 Fleming Street, Key Navarro-Ademco West Vista 128 FSB Panel (digital) Freeman Justice Center 302 Fleming Street, Key Honeywell 7845 West GSMR (cellular) May Hill Key West Library 700 Fleming St., Key West Lynx 5210 Gato Building — Social 1100 Simonton St., Key Ademco Honeywell Services West Gato Building —2nd floor 1100 Simonton St., Key Ademco Honeywell West Marathon Govt. Center 2798 Overseas Hwy., Lynx 5210 Marathon Marathon Annex 63rd St 49063 d Street, Marathon Lynx 5210 Medical Examiner 56639 Overseas Hwy., Crawl Simplex Grinnel Key 4010 FACP Ellis Building - Supervisor of 88820 Overseas Hwy., CADDX Elections Tavernier NX-6 244 Building Address Model # Ellis Building -Traffic 88820 Overseas Hwy.,Tavernier CADDX NX 6 Ellis Building - Social 88820 Overseas Hwy., CADDX NX 6 Services Tavernier Ellis Building - Planning 88800 Overseas Hwy., CADDX NX 6E Tavernier Murray E. Nelson Govt. 102050 Overseas Hwy., Key Honeywell 60-578 Center Largo Key Largo Library 101485 Overseas Highway, Vista 20P Tradewinds Shopping Plaza 88770 Overseas Hwy., Honeywell 5802- Spottswood Station Tavernier WXT(Digital) 88770 Overseas Hwy., Honeywell 5802- Spottswood Building Tavernier WXT(Cellular) Magnolia Building 300 Magnolia, Key Largo Vista 20P Ellis Building - Property 88770 Overseas Hwy., Vista 20P Appraiser Tavernier Growth Management 11601 CR 905, Key Largo Pro Series A7PIus Ocean Reef MC Commissioner District 2 Ke Pine Key Plaza, Big Pine Lynx 5210 Key West Building Dept Stock Island, Key West Lynx 5210 Marathon State Attorney Marathon Vista 20P Office 88820 Overseas Hwy., PK Courthouse (new) Islamorada Pro Series A7PIus Islamorada Library MM 81.5, Islamorada Pro Series A7PIus Big Pine Key Library Ke Pine Key Plaza, Big Pine Lynx 5210 Marathon Courthouse 3117 Overseas Hwy.,Marathon Lynx 5210 3490 Overseas Hwy., Marathon Library Marathon Lynx 5210 245 Camera Locations and Quantity: Bernstein Park, Stock Island—Qty: 16 Big Pine Key Commissioner District 2 Office, Big Pine Key—Video intercom system Big Pine Key Community Park, Big Pine Key—Qty: 7 Marathon State Attorney—Qty: 14 Marathon Courthouse—Qty: 19 Marathon Library—Qty: 33 Marathon Medical Examiner—Qty: 16 Bayshore Manor, Stock Island—Qty: 3 Key West Library—Qty: 11 Freeman Justice Center, Key West—Qty: 29 Scope of Work: The below Scope of Work includes,but is not limited to the inspections, maintenance,monitoring, service, and replacement of Fire Alarm Systems, Panic Alarm Systems, and other Security Systems, such as electronic door lock systems, horns/strobes, and CCTV systems. Inspection A visual inspection of every device in the above"Lists of Equipment"will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Testing Every device and control function shown in the "Lists of Equipment"will be physically activated to ensure its functionality as designed and installed. Testing takes into consideration the AHJ (Authority Having Jurisdiction) requirements, local ambient conditions and the manufacturer's recommendations. Contractor will follow NFPA 72 recommended test methods and frequencies as a minimum guideline for system testing. System configuration is verified during inspections and compared to existing records. Complete documentation of testing and a report of any deficiencies will be presented for review before the technician leaves the facility. Audible testing will be conducted during off or non-operational hours and the schedule will be pre-approved by the County. Smoke Detector Sensitivity 246 Smoke Detector Sensitivity Testing will be performed in accordance with NFPA 72 using the manufacturer's recommended test methods and a UL(Underwriters Laboratories)approved testing device. Contractor will provide the necessary documentation to satisfy the AHJ. Contractor will provide an analysis of the report along with recommendations for detectors that require cleaning or replacement. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Perform Monthly Fire and Panic Alarm Monitoring, Annual Fire Alarm Inspections and Bi- Monthly Panic Testing (once every 2 months). The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four(24) hour service. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental), plus fifteen percent (15%), that are used in repair of County owned and maintained fire and alarm systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or three percent(3%), whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. Specifications: A. FIRE ALARM SYSTEM ANNUAL CERTIFICATION 1. The Contractor shall furnish fire alarm system annual certification and maintenance, (including Calibrated and/or Standard Smoke Detector Sensitivity Testing as required by the National Fire Protection Association); including all necessary labor, equipment,permits, licenses, insurances,travel costs, and all other costs associated. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Fire alarm annual certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Facilities Maintenance, Contract Monitor, 123 Overseas Hwy., Rockland Key, within thirty (30) days prior to expiration of respective existing certifications. 4. All identified deficiencies which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all 247 documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. NOTE: When performing annual inspections for some Monroe County facilities, primarily the Courthouses, it may be necessary to schedule inspections before or after normal hours on an overtime basis. B. FIRE ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same to include, but not limited to, the locations indicated on the "Lists of Equipment 2. Contractor is to provide Total Service Coverage. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County maintained alarm systems so that such emergency repair will be completed within forty-eight(48) hours of notification by the Owner. 3. Work shall be performed in accordance with, and all documentation shall be provided pursuant to National Fire Protection Association Requirements. C. FIRE ALARM SYSTEM REPAIR AND MAINTENANCE 1. System Software Updates - Microprocessor based systems will have the software upgraded when required to maintain the listing requirements of the AHJ. 2. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection or preventative maintenance, or have failed during operation, will be provided. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are used in order to preserve Underwriters Laboratories (U.L.) Listings and meet NFPA requirements. D. PANIC ALARM SYSTEM CERTIFICATION 1. The Contractor shall furnish panic alarm system annual certification and maintenance, (as required by the National Fire Protection Association); including all necessary labor, equipment, permits, licenses, insurances, travel costs. and all other costs associated. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 248 3. Alarm Certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Facilities Maintenance Department, 123 Overseas Highway, Key West, within thirty (30) days prior to expiration of respective existing certifications. 4. All identified deficiencies, which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. E. PANIC ALARM SYSTEM MONITORING 1. The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Contractor shall also provide a price to replace, register, and reprogram Communicators as necessary for the purpose of establishing monitoring by proposer which includes any necessary updates to the County's currently monitored systems. F. PANIC ALARM TESTING, REPAIR & MAINTENANCE 1. Contractor shall test all panic alarms Bi-monthly to ensure they working properly. Testing shall include, but not be limited to, battery life, proper communication signal, and overall device function. 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. All identified deficiencies, which are detected and identified during the course of the testing process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. G. OTHER SECURITY SYSTEMS REPAIR & MAINTENANCE 1. The Contractor shall furnish electronic door lock systems, horns/strobes, and CCTV systems, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs. 249 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. All identified deficiencies, which are detected shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty (30) days. Major Component Failure or System Breakdown In the event of a major component failure,system breakdown,maintenance service or other repairs, not contemplated herein as set forth on Exhibit "A", the County shall have the option to request from the Contractor only, a proposal/quote for the additional work in an amount that could exceed Five Thousand and 00/100 ($5,000.00) Dollars. Any proposal over Five Thousand and 00/100 ($5,000) Dollars, up to and including Ten Thousand and 00/100 ($10,000.00) Dollars, must be approved and signed by the Division Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100 ($10,000.00) Dollars, up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 99/100 ($49,999.99) Dollars, must be approved and signed by the Division Director and the County Administrator. 250 EXHIBIT B: APPLICATION FOR PAYMENT DETAILS 251 APPLICATION FOR PAYMENT DETAILS DATE: INVOICE NUMBER: ARRIVAL TIME: DEPARTURE TIME: LOCATION: ROUTINE: REPAIR: PARTS AND MATERIALS COSTS ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL 1 2 3 4 5 PARTS&MATERIALS SUB-TOTAL $ 15%INCREASE ON ABOVE PARTS&MATERIALS $ SERVICES SUPPLIED BY OTHERS(amount charged to be reimbursed) $ FREIGHT CHARGE(amount charged to be reimbursed) $ TAX CHARGES (amount charged to be reimbursed) $ PARTS &MATERIALS TOTAL $ LABOR (rounded to 15 minute increments) AND EQUIPMENT COSTS Regular HOURS Technician (a $ SUB-TOTAL $ Regular HOURS Technician&Helper$ SUB-TOTAL $ Regular HOURS Helper alone or additional Helper $ SUB-TOTAL $ Overtime HOURS Technician(a $ SUB-TOTAL $ Overtime HOURS Technician&Helper $ SUBOTOTAL $ Overtime HOURS Helper alone or additional Helper $ SUB-TOTAL $ LABOR AND EQUIPMENT TOTAL $ TOTAL$ DESCRIPTION OF WORK: Date Authorized Signature/Title *Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts&materials,freight for transportation/shipping costs,equipment rental amounts,taxes,and services supplied by others. 252 EXHIBIT C: DAVIS-BACON WAGES STATEMENT "General Decision Number: FL20220022 07/01/2022 Superseded General Decision Number: FL20210022 State : Florida Construction Type : Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note : Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658 . Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . lIf the contract is entered 1 . Executive Order 14026 linto on or after January 30, 1 generally applies to the 253 12022, or the contract is I contract . 1 Irenewed or extended (e .g. , an 1 . The contractor must pay 1 ( option is exercised) on or I all covered workers at 1 ( after January 30, 2022 : 1 least $15 . 00 per hour (or 1 I I the applicable wage rate 1 I I listed on this wage 1 I I determination, if it is 1 I I higher) for all hours 1 I I spent performing on the 1 I I contract in 2022 . 1 I I I lIf the contract was awarded onl . Executive Order 13658 1 for between January 1, 2015 andl generally applies to the 1 IJanuary 29, 2022, and the I contract . 1 Icontract is not renewed or 1 . The contractor must pay alll lextended on or after January I covered workers at least 1 130, 2022 : 1 $11 . 25 per hour (or the I I I applicable wage rate listed ) I I on this wage determination, ) I I if it is higher) for all I I I hours spent performing on I I I that contract in 2022 . 1 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this 254 wage determination, the contractor must still submit a conformance request . Additional information on contractor requirements and worker protections under the Executive Orders is available at g o v/to g e ri(: ::a/ �l:i.c?./r cr v r ri rrr ri l coril-.r...acl-.'s . .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2 02/25/2022 3 07/01/2022 ELEC0349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 37 . 61 11 . 72 ---------------------------------------------------------------- ENG10487-004 07/01/2013 Rates Fringes OPERATOR: Crane All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic 255 Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ---------------------------------------------------------------- IRON0272-004 10/01/2021 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 26 . 00 14 . 16 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 12 . 38 ---------------------------------------------------------------- * SFFL0821-001 07/01/2022 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 31 . 28 21 . 34 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct 256 Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 ** 0 . 00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 ** 0 . 00 LABORER: Common or General . . . . . . $ 8 . 62 ** 0 . 00 LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 ** 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 ** 0 . 00 OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 ** 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 ** 0 . 00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 ** 3 . 33 ROOFER: Built Up, 257 Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 ** 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . . $ 14 . 41 ** 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 ** 0 . 15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental . ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($15 . 00) or 13658 ($11 . 25) . Please see the Note at the top of the wage determination for more information. Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their 258 own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at g o v./to g e ri c:�J c:;o ri l .r..to c: l 's . .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . 259 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers . 0198 indicates the local union number or district council number where applicable, i .e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014 . Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all 260 rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1000 of the data reported for the classifications was union data. EXAMPLE : UAVG-OH-0010 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is 261 based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be . * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to: 262 Branch of Construction Wage Determinations Wage and Hour Division U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue . 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are final . ---------------------------------------------------------------- END OF GENERAL DECISION" 263 N4 wpm V .'„AL4„dMNAFG-MATT li �.��'.�"qa� J' .�, a �r :�✓ �.�, k���,A _ {� �� �Y ����a, ' S.w. �'L. '.i�.."# C 'C��I ,�I( G ✓� d rt.�✓t✓ i v I Y�' d 4 `uG,"3.c M ✓; ,.,'��".�..��a�.�µ ...... ....... ........�...,.,.�,t`d:�. �)i �7�.� d��� ;'�I. �lw,�rivu,l`1��:� ro„� uw4r 9 iu a � f. 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SWOW4, STATEWE�14-," UNOER 0RMNANk".,`,'E No 010-1990 nA0NFf,C')E COUNCTY, FLORH)A Son paq 1"J'3 enwayew rfaved D' oKeQ, e a av ')i iis her i�s 0eirail, 01 QpQel or engloyea n wanon of S ecu Dr 2 of Cudmance ORD Q 44 1990 or ary n Q Solon 3 sf Ordnance WD :HC41990 Ax Weach or To" UK, Only May in is d scremi wvfmm Ns kgree—�en AM am! qs, t,s dsvehon dobw Wi, We Agrysiviq ur p1whase pine a Woepms,,�, Me W snowy of any WE co"o"nsor pernwinge a mil„ ds at Y" oad to Us -Z v lazed 3ESCRAH�*FE4 State of;4mg't S 8CVdPd ihjroqj�NgCrA� WIN Pap, 35 id 12C' 265 DRUG-FREE WORKPLACE FORM fhe Undeiisugned vendor un accordance with f7]ornda Statutes, Sec, 87087, hereby certifies that: (t\Jarne of Business) 'I. PubHsh a staten,ient nofifyirig en'#oyees that the Unhawfifl rnanufaCtUre, distftL60 1, drspenskig, possession, D Use of an controHed sut)stance lis prohibuted iin the workppace am"t specifypng fl'ie actions that wiH be taken against ernphoyees for viohafions of such pii oNb�fion, Z inforrri emp oyees aboii,it the darqers of drug abUse in the workp ace, the bUsirless' policy of maintainkig as drug-f Ea e workpiace, any availaUe drug COL,InseHng, rehabiftation, and empk)yee assistance proc]rarns, and the penaffies that may be irriposed Upon employees for drug abUse violattons & (Gpve each err-irfloyee engaged ki providing the corm-nodifies oir contractuM servk,,,es that are under proposai a copy of the staternEmt specffied pri subse-fioin (1) ,4 n flie staternent specffied ln subsecAion (1), irnofufy the ernp oyees that, as a condition of workirig earn Hie c(,,xnrrmdifies or coritractuW services that are under, proposal, the errnpioyee wiH abide by the terms, of 9,)e statement ar,id wHi notify the en,#oyer of any conviction of, or ph ea of guRy or no o confe rid ere to, arry vpo afion of Chapter 893 (Florpda Statutes) or of any corftokp d sut"jistaince Ilaw of'the L.Inited States o any state, for as vuohafior'i occurring in the woirkphace no hate than five (5) days after such conviction. 5 hi,ipose a sanctkx) on, or reqUke the satisfactory parflcupation un a drug abUse assistance or ire haNlitation pr(:�ngrani if suct, is avaHabie pn the emphoyee's conirnunity, or any ernpioyee who is so convicted 6. Make as good faith effort to confinue to rnakntaO a drUg-free workpiace through irrip erneintafioru oftNs section, As the person aUthorized to sgr bhe statement, p cerffy thaf tNs firm comrAE`--, WHY with the above requirernenfs 00 (Flropom's S atkx[En) Da�e. STA�'E OF S iu b sc ri b e d a r i cl sw o i+�to(o r anfGnn rt naafi)b efo e ri)e, by rn e h y s ica p re s e rase o r U o n i n e i ot�i r i za i o r� On (date) by _.L�A V.,3&J�— (narl)E� Of affiant), He/,She �s p:N so��aHy known to me 011' has prodUr,(�d (type of �dentfficabon) aS kkmfificabon. do BORAH GREEN Ublic-State Of FI#MdA Commission 0 HH 047013 ray 0 Cormm.ExPires Nov 19,2024 NOIARY PUt3IJC Bonded through Bondtwd throuib National Notary Assn, ON My Comnossk)n Expires kk, IN�Iq 1 3,A.- PROPOSAL FORM 00120 Page36ofl,20 266 LOCAL. PREFERENCE FORM A Wn6:)rs c lhaauranirrg a locaV prelerence according to Ordinance 023-2009, as arnerided by Ordinance We 004­2015 arid 025-2015, lrruM colnp ete this forin Date� Name of Bidder/IResponder: 1. D fo oes the vendor have a wflld recelf)t for the business tax paid to the Morime(."ounty lax CoHector dated at least on (1)yee ar p r�or to the notice of reqUeSt r iold s of propos ai�3? __J�Ce.; _ .(Pfiease fininish copy 2, Does the vendof have as physlcW bUSiness address Wor,ated within to COWAY frown which the vendor Or')Wates or perfoirris business oli a day to day basis �hat is a substantra cornponent of the go)ds oil, services belir'rg offered to Monroe County"? "4--c s (The physical buslm�;ss address must be legistered as its principe0 piace of business with the Fk)rlda Department of State for at least one (1) YE,,w prior to the notice of lequest for bid or proposa[) L ist Addres& i,?> t 4114 )e ;3-0!,;,• ,2-,9 L4, 61S 3 TeIephone h`4Urrlbojr I'Ll'a- q [" B Dr es the contractor intE� ICJ to subcointract 50%'k or,more of thEI goods, servlces, m constrivAion to brcaN bUSll)esses rrneetirnpy the UAEKla atme as to iicenslng and location? ff yes, pilease p)rovide: I Copy of Receipt of the busirless tax paid to the MonrOEu County I ax"Collector by the SUbcr'mfi actor dated at least one (1) year prior to the notice or re('1Uest for bid ol, proposE0 2. SUbconfiractr�)r`s physical bLlSiness address within Mornroe COUMy from which the s�j�!:)c(,a,rtr'actc,�uiror,)erales, (The physical business address rrmst be registered as its princlpa4 r;flace of busli'less with the Horida Dq.)aitrnent of State for at IIE!!ast one (1) year to the n ,,e otH of request for bids or,pioposals) TO. Number_ s Address LAL 'V g's k1go-A", F'rint Name, Signature i "ritie cif Authorized Slgna�oryfor Blck:Jer/Re "Onder STA I E OF: COLJNTYO[ : Subscribed aind sworn to(or affirmed)before rine, by rneans of 4i)I­ty"::dicaB presence of-L] oriWie notarization, On kk ((Jate) by (naime of C Lt C) affiant), t W&he is personaHy known to or has prodw�',ed (type of identification) as iderififk;aticn, MORO GREEN Notary Put Ic-State of Floridanda N01 ARY PUBLIC Commission#HH 047411 202 My Comm,Expires Nov 19,2024 gr,nded through National Notary Assr, M Y Corrrirnsi�soin Expire& PROPOSM FORM 001 20 Page 37 of 120 267 PUBLIC ENT]TY CRIME S TATEMENT "A person or affflnate who has been 1)paced on the corrvicted vendor Hst foHowk'ig a corwiction for pul'Ac entity crir'ne may not subnflt a bid on as contract to pr ovide any goods or ser0ces to a pubHc enfity, may not submit a bod, prq�)osal, or, reply on a c;ontract' to provide a ny goods or servkesto a pub rdi n ty, � a ncA y submit a bid, piroposap, or rep a�y cirr contiract w�orth a pubk entity for the corn s rucfion c)a repailr of a Ipubfic buHding 01' p.WbHc, work, may A10t SUbmit bids orr leases of reap pr(:apefly t:o as putflic erifity, rnay roop be awarded or pefforn"i work as a contractor, suppHer, subcontractor, oir cons0taint UndEir as contract with any pUblic erArty, and rnay not h,ansact bUsiness of any PWbHc entity 'par excess of fl,re thresho d arnount provided in Section 287 017, Florpda Stat�utes, for CATEGORY TWO fc)r a peruod of thirty.six (36) rnoriths frorn the date of b6ng [,Aaced on the conOcted vendor fist," have read the above arid st�ate that nerthe� j3XAqgS, A�C&v.qj (F)roposer's name) nor any AffiHate has ,,)eeir� p�aced on the conOcted vendor �ist witNn the �ast thirty-s�x (36) rnoriths, <14r ZZp®rl�'O"" (&grmture) �Date s-rA'T'E OF k Of", C- C 0 U N T Y 0 F SUbscribed and sworn to (or affirmed) before me, by means of phys ai presence or D onkne notarization, or) (date) by (narne of affiant). He/She is personaHy knowt , tc) rne or has produced (type of lc"eintification) as idenfification, DESOCState�of r,-,;REN Notary PuO4c- F]farn4a LAn—n, --jI a Commission HH 047983 MY COMM.Expires Nov 19,2024 Assn. N OTA R Y PUBLAC Undfc!through Nationai Notary Assn, (SE aL My CornrrJssion Expire& PRCN)OSAL FORNA 0012(Y Page 38 of 120 268 DATE(MMIDDfYYYY) ACORN® 3/2t2023 THIS CERTIFICATE IS ISSUED A>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 IN URER( ),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the olicy(ies)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 dues not confer rights to the certificate holder in lieu of such endorsernent(s). PRODUCER NAME: �'��"�•�.�.lCate �bepar .ent El Dorado Insurance Agency, Inc. flt�NNo Ext: (713}521p9251 flt� No: t7rsls2r-ox25 El Dorado Sec Srvs Ins Agy ADoAILss: certlflcates@elcloraclolnsurance.com 3673 Westcenter Drive INSURER(S) AFFORDING COVERAGE NAIL# Houston TX 77042 INSURER A:Crum � Forster � eclalt Insurance Go. INSURED INSURER F3 Barnes Alarm Systems, Inc. INSURER c: 3201 Flagler Ave. Ste 503 INSURERD: INSURER E: Key Guest FL 33040 INSURERF: COVERAGES CERTIFICATE NUM ER:BlanXet AI (03/23) REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSl1ED 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. ENSR TYPE OF INSURANCE fD ADDL SUE3R POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMDPYYYY MMfDDPYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 REMISESS A CLAIMS-MADE: I «> I OCCUR P DAMAGE REMISES 100 UUU PREMI Ea occurrence $ X Professional L.iaka.il.it GLG-095449 3t1t2023 3t1t2024 MED EXP(Arty one person) $ 5,000 PERSONAL.&ADV INJURY $ 1,000,000 GE.NT.AGGREGATE.LIMITAPPLIES PER: GENERAL.AGGREGATE $ 2,000,000 POLICY ❑ PRO- ❑LOC Pf QDUCTS-CC}�PIQP AC3(3 $ ,UUU,UUU J ECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ ALL.OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIREDAUTOS AUTOS Per accident $ UMBRELLA LAB OCCUR EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE: AGGREGATE $ RED RE.TE.NTION$ $ 7 n ' PER OTH- NVC?RKERS CC?MPENSATION A? 4 STATUTE. ER AND EMPLOYERS'LIABILITY YIN N , ANY F�FZOF�FZIF TOFitF�AFZTNF FitF.XF:CLlTIVFi � * E L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? �NIA rig:A7 (Mandatary in NH) .. .2 E.L.DISEASE EA EMPLOYEE $ 1.22 If yes,describe under J J DESCRIPTION OF OPERATIONS below .' mow• ,gym, E..L.DISEASE-POLICY LIMIT $ Wilill DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and, the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION BATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key Nest, F 33040 AUTHORIZED REPRESENTATIVE R_LI Ring, ,Tr.IGAIO (� � (71988-2014 ACORO CORPORATION. All rights reserved. ACORO 25(2014/01) The ACORO name and logo are registered marks of ACORO 269 IN 025(201401) CERTIFICATE OF LIABILITY INSURANCE DATE 08/31/2023 YYY) 023 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(ies)must have ADDITIONAL INSURED provisions or 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME:Progressive Commercial Lines Customer and A ent Servicing Doral Isles Insurance Agency,Inc. PHONE FAX 1200 ANASTASIA AV 415,CORAL GABLES,FL 33134 A/C No Ext:1-800-444-4487 A/C No): E-MAIL ro ressivecommercial email. ro ressive.com ADDRESS:P 9 @ P 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Progressive Express Insurance Company 10193 INSURED INSURER B: BARNES ALARM SYSTEMS 3201 Flagler Ave 503 INSURER C: Key West,FL 33040 INSURER D: INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: 329651872602589104DO83123Tl63015 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. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE1-1 OCCUR PREMI6ESOEa occurDrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- PRODUCTS-COMP/OP AGG POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1 000 000 ANY AUTO BODILY INJURY Perperson) A OWNED SCHEDULED AUTOS ONLY X AUTOS Y Y 965717735 02/27/2023 02/27/2024 BODILY INJURY(Per accident) X HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE T AGGREGATE $ 16tt DED RETENTION$ }c ....,.. $ WORKERS COMPENSATION bY.-.. u- "'�AND EMPLOYERS'LIABILITY YIN 8I31.23µ _ ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ NIA A BA E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? _ (Mandatory in NH) E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ See ACORD 101 for additional coverage details. $ A Y Y 965717735 02/27/2023 02/27/2024 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserv,270 ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ACC>R EP ADDITIONAL REMARKS SCHEDULE Page 1 of 2 AGENCY NAMED INSURED Doral Isles Insurance Agency, Inc. BARNES ALARM SYSTEMS POLICY NUMBER 3201 Flagler Ave 503 965717735 Key West,FL 33040 CARRIER NAIC CODE Progressive Express Insurance Company 10193 EFFECTIVE DATE:02/27/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits .5......................................................................................................................................................................................................... Personal Injury Protection $10,000 vv/$0 Ded-Named Insured Only ............................................................................................................................................................................................................ Uninsured Motorist-Nonstacked $50,000 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only ............................................................................................................................................................................................................ 2015 NISSAN FRONTIER 1 N6BDOCT7FN735781 Comprehensive $1,000 Ded Collision $1,000 Ded Roadside Assistance Selected vv/$0 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2017 NISSAN NV200 3N6CMOKN2HK705006 Comprehensive $1,000 Ded Collision $1,000 Ded Roadside Assistance Selected vv/$0 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2018 NISSAN NV200 3N6CMOKN9JK702478 Comprehensive $1,000 Ded Collision $1,000 Ded Roadside Assistance Selected vv/$0 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2017 GMC SIERRA 1 GTR1 LEH6HZ311881 Comprehensive $1,000 Ded Collision $1,000 Ded Roadside Assistance Selected vv/$0 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2019 NISSAN NV200 3N6CMOKN7KK692244 Comprehensive $1,000 Ded Collision $1,000 Ded Roadside Assistance Selected vv/$0 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2022 KIA SORENTO 5XYRH4LF3NG133599 Comprehensive $1,000 Ded Collision $1,000 Ded Roadside Assistance Selected vv/$0 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2022 KIA SORENTO 5XYRG4LC3NG115144 Comprehensive $500 Ded Collision $500 Ded Medical Payments $1,000 ............................................................................................................................................................................................................ 2015 FORD TRANSIT 1FTNE1CM1FKB18213 Comprehensive $1,000 Ded Collision $1,000 Ded Medical Payments $1,000 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reser 27� The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ACC>REP ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Doral Isles Insurance Agency, Inc. BARNES ALARM SYSTEMS POLICY NUMBER 3201 Flagler Ave 503 965717735 Key West,FL 33040 CARRIER NAIC CODE Progressive Express Insurance Company 10193 EFFECTIVE DATE:02/27/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance .............................................................................................................................................. Comprehensive $1,000 Ded Collision $1,000 Ded Medical Payments $1,000 Liability coverage may not apply to all scheduled vehicles. Additional Information Certificate holder is an additional insured on the Progressive Commercial Auto Policy, if required by written contract,per Blanket Additional Insured endorsement. Certificate holder is covered as a waiver of subrogation holder on the Progressive Commercial Auto Policy, if required by written contract, per Blanket Waiver of Subrogation endorsement. ACORD 101 (2008/01) @ 2008 ACORD CORPORATION. All rights reser The ACORD name and logo are registered marks of ACORD 272 THE HARTFORD BUSINESS SERVICE CENTER THE ,o 3600 WISEMAN BLVD HARTFORD SAN ANTONIO TX 78251 August 31, 2023 Monroe County Board of Commissioners 1100 SIMONTON ST KEY WEST FL 33040 Account Information: Contact Us Policy Holder Details : BARNES ALARM SYSTEMS INC Need Help? Chat online or call us at (866)467-8730. We're here Monday- Friday. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder. Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team WLTRO05 273 ,—. DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/31/2023 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(ies) must be endorsed. If SUBROGATIONIS 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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: PAYCHEX INSURANCE AGENCY INC PHONE (800)472-0072 FAX 76210754 (A/C,No,Ext): (A/C,No): 225 KENNETH DR STE 110 E-MAIL ADDRESS: ROCHESTER NY 14623 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Twin City Fire Insurance Company 29459 INSURED INSURER B: BARNES ALARM SYSTEMS INC INSURERC: 3201 FLAGLER AVE STE 503 KEY WEST FL 33040-4693 INSURER D: INSURER E: 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD/YYYY MM/DD/Y COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE❑OCCUR DAMAGE TO RENTED PREMISES Ea occurrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE JECT POLICY PRO LOC PRODUCTS-COMP/OPAGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident ANY AUTO � ` BODILY INJURY(Per person) ALL OWNED SCHEDULED AUTOS AUTOS Y.- -- ,yw BODILY INJURY(Per accident) HIRED NON-OWNED 8 31.23 PROPERTY DAMAGE AUTOS AUTOS X-i.,.e .. °'.""-' A � (Per accident) 'm - I'UMBRELLA LIAB LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS- AGGREGATE MADE DED RETENTION$ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY Y/N E.L.EACH ACCIDENT $1,000,000 A PROPRIETOR/PARTNER/EXECUTIVE N/A 76 WEG AC7618 02/17/2023 02/17/2024 OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 (Mandatory in NH) If yes,describe under E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION Monroe County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Commissioners BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED 1100 SIMONTON ST IN ACCORDANCE WITH THE POLICY PROVISIONS. KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 274