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1st Amendment 02/29/2024 Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONT /r M� OR CONTContract It dba PSTrax Effective Date: Expiration Date � r Contract Purpose/Description: f Contract is Original Agreement Contract Amendment/Extension Renewal fJld�l;nlg/�� Y�»l�/�y�t»�ll Contract Manager: ul( H ;,/, R rip CC_11001 SC_00084 14%$8,854.37 CC-12001 SC 00084 3%v$1,897.37 CC_11500 SC_00084 67%$42,374.49 CONTRACT COSTS CC_14000 SC,_00084 3%$1,897.37 CC_12000 SC 00084 5% $3,162.28 CC_63100 SC_00084 8%$5,059.64 Total Dollar Value of Contract: $ $ 5��50 Current Year Portion: $ IV (must be$100,000.00 or less) ��/ "'"�� �' (If multiyear agreement then klffiffillllll requires BOCC approval,unless the Budge Grant: $d?Yes® Na ® Count Match: $ Fund/Costrfif ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) nsurance Re uired: YES ®NO L1 CONTRACT REVIEW Reviewer Date In Department Head Signature: James K.Callahan Cftftdr�On County Attorney Signature: Christina Cory ,Qg20,MCI*3 Risk Management Signature: "'° _�' "" Purchasing Signature: Julie E. Cuneo °Cta9e: "3429.8"8.i�'"�� 5 W1128-XW OMB Signature: John Quinn T01 Comments: Revised IBOCC 4/19/2023 Page 84 of 105 First Amendment to Agreement with Station Automation, Inc. dba PSTrax This First Amendment to the Agreement dated July 15, 2023, as amended, is made and entered into on this 25th clay of J_anuary, 2024, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, its successors and assigns, hereinafter referred to as "County" or "Customer," through the Monroe County Board of County Commissioners ("BOCC") and the Board of Governors of Fire and Ambulance District 1 of Monroe County, Florida ("BOG"), AND Station Automation, Inc., dba "PSTrax," a Colorado Corporation, whose address is 5837 S, Gallup St., Suite 140, Littleton, CO 80120, its successors and assigns, hereinafter refer red to as "PSTrax" or "Contractor," WITNESS ETH: WHEREAS, County and Contractor entered into an Agreement on July 15, 2023 ("Original Agreement"), to acquire a cloud-based "software as a service" application which provides automated management and reporting of assets, including fire stations, apparatus/vehicles, personal protective equipment, inventory/supplies and medicines and narcotics, which was for an initial seven-month term beginning July 15, 2023; and WHEREAS, the Original Agreement allows for the extension of this agreement, if agreed upon by the Parties, in accordance with the terms of the St. Johns County Master Contract No. 22- MAS-STA-15664; and WHEREAS, the County desires to extend the existing agreement with Contractor, as both parties have found the Agreement to be mutually beneficial; and NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, County and Contractor agree as follows: 1. The Agreement is hereby amended and shall read as follows: "The term of this Agreement shall commence on February 29, 2024 through February 28, 2026," pursuant to the Second Amendment to the St Johns County Florida Master Contract No. 22-MAS-STA-15664. 2. The Annual Software License fees that will be paid by County are as shown on the updated attached pricing Exhibit A and shall be contained in any future invoice. 3. In all other respects, the terms and conditions set forth in the Master Agreement between PSTrax and Monroe County dated July 15, 2023, remain in full force and effect. IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. ON BEHALF OF ON OE COUNTY s auµ. � . .......�m Ro_. an Gastesi County Administrator Date: 02.23.2024 to 'o on, Inc. An PSTrax y � v Title- Date: ApproKd as to fam mid legal of dewy \40woe C `s Office C C Exhibit "A" March 2024 March 2026 through Feb through Total 2 Description Qty Amt 2025 Feb 2026 Years Vehicle Includes: 36 vehs ( eng 1 pumpers, rescues, tankers, ladders, etc.); plus 20 staff @ N/C as less then ten checks 36 lVehicles $2251 $8,100.0 $8,505.00 $16,605.00 Station Includes: 9 stns, plus Stations & Trauma Star North 10 TS North $250 2,500.00 $2,625.00 $5,125.00 SCBA Includes: 9 Stations $3501 3,150.00 $3,307.50 $6,457.50 PPE Includes: 9 Stations $350 3,150.00 $3,307.50 $6,457.50 Critical Assets Includes: 9 stations plus Stations & Trauma Star North 10 TS North $350 3,500.00 $3,675.00 $7,175.00 Inventory 1 Supply Stations & Includes: 9 stations, TS North & Trauma Star HQ locations 11 IHQ $450 4,950.00 $5,197.50 $10,147.50 Controlled Substance Includes: ( 2 safes, 2 air boxes, 18 ground units ); plus 2 temporary event Managed boxes NIC 22 1 Locations $2501 5,500.00 $5,775.00 $11,275.00 Single Sign On Connect PSTrax as a Service Provider to your Identity Provider (ex. Active Directory, AuthO) 0 ISSO Users $10 - $0.00 $0.00 First Arriving integration Includes: 0 Stations $50 - $0.00 $0.00 License Fee Total $30,850.00 $32,392.50 $63,242.50 Implementation Grand Total Price Per Year $31,621.25 March 2024 - Feb 2025 $30,850.00 March 2025 - Feb 2026 $32,395.50 Total $63,245.50 OOtAS CO 1 G �A 14 •C qY. I^-'- qil 4 �� ew, 6 aA•Y Flo, CONTRACT AMENDMENT No:02 Bid No:22-33;Inventory Program with Narcotics Tracking System Master Contract No:22-MAS-STA-25664 October 13,2023 Station Automation,Inc.d/b/a PSTrax 5837 S.Gallup St.Suite 140 Uttletan,CO 80120 Contract Amendment No:02 Is hereby issued to amend the above referenced Master Contract as follows: 1. Contract Renewal is hereby being exercised by St.Johns County. 2. The contract time is hereby extended for a perlod'of one(1)calendar year from February 29,2024 through and until 11:59pm Eastern Saving Time(EST)on February 28,2026. 3, The Exhibit"A"—List of Vehicles Is hereby revised and attached hereto to include the updates as highlighted In yellow,additions to list are County Vehicle#1669&#222 and deletion of Brush i—County Vehicle#588, and shall replace all previous versions of the'ExhiMt"A". 4. The Exhibit"B"—Ust of Controlled Substance Containers Is hereby revised and attached hereto to Include the updates as highlighted in yellow,addition to list is to Rescue 20,and shall replace all previous versions of the Exhiblt"B". S. The Annual Renewal Software License Fee is hereby Increased to forty-nine thousand four hundred seventy five dollars($49,475.00)per annum per proposal dated September 22,2023, The County shall compensate the Consultant based upon the terms as stated In the Master Contract dated February 29,2022. With the exception of the amendments,changes,modifications and revisions noted In this Amendment,all other terms and conditions contained In the Master Contract,as previously amended,shall remain In-full force-and effect. The County'and the Consultant acknowledge that any further changes,amendments,modifications or revisions to the Contract shall be in writing and executed by duty authorized representatives of each party. n Witness Whereof aut d representat of the County,and Consultant have executed this%endment on e dates w not Y natu of Unty Represents Date LeIALA Danijil CPP8.Purchasing Manager Printed Nam unty Representative /d-Z22-ZtZ s Signatdr4f ZoRG Representative Date e Printed Name&Title End of Amendment No:02 Pureha,sing DIVIslon 1500 San Sebastian View,St. Augustine, FL 32084 1 904.209.01501 sjcft.us I Monroe County Purchasing Policy and Procedures COUNTY ADMINISTRATOR CONTVW OR CONT Cffltrant with tract Effective Date: Expiration Date. /1111f1///ff%1l/// Contract Purpose/Description: Contract is Original Agreement Contract Amendment/Extension Renewal �;iml//'!11ll//I%�l�J IJJ;" �Y/Il ff////%%���� Contract Manager: �� ;! e� ` %' CC„_11001 SC_00135(14%)$1,924.63 CC-12001 SC_00135(3%) $412.42 CC_11500 SC_00135(67%)$9,210.71 CONTRACT COSTS CC_14000 SC_00135(3%) $412.42 CC_12000 SC_00135(5%) $687.37 CC_63100 SC 00135{8%)$1,099.79 Total Dollar Value of Contract: $ !lJ,'JJ JJ'i,""J11 ''"" /"/ Current Year Portion: $ (must be$100,000.00 or less) k " ��� (It multiyear agreement then requires SOCC approval,unless The "J'a ll"u r9�r i I�if ii^n ,�nisi ri�iau7rf i,� �14?il 914,iC1 4J41 a,ru I ,r�) Budgeted?Yeso No ❑ � Grant: $ Coun Match: EqdIoA t�� f �� Cal : 111 ��t11� ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) In urance Re aired: YES ®NO 0 CONTRACT REVIEW Reviewer Date In Department Head Signature: James K.Callahan �& County Attorney Signature: Christina Cory a8,�a Risk Management Signature: " Purchasing Signature: Lisa Abreu OM OMB Signature: John Quinn Comments: Revised BOCC 4/19/2023 Page 84 of 105 MASTER AGREEMENT BETWEEN PSTRAX AND MONROE COUNTY This Agreement("Agreement")is entered into on 15th day of July,2023 ("Effective Date")by and between Station Automation, Inc. dba PSTrax, a Colorado corporation("PSTrax")with a place of business at 5837 S. Gallup St.,Suite 140,Littleton,CO 80120,and Monroe County("CLIENT"or "COUNTY"),a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040. PSTrax and CLIENT are sometimes referred to jointly as the"Parties"or singularly as a"Party." WHEREAS,CLIENT desires to obtain access to the hosted "software as a service" modules with respect to automate its operations,and PSTrax wishes to provide the hosted "software as a service"modules to CLIENT, each on the terms and conditions set forth in this Agreement. Any changes to this Agreement shall be mutually agreed upon by the Parties. WHEREAS,on February 28, 2022, St.Johns County,Florida executed an agreement with Station Automation and through this Agreement,the CLIENT hereby piggybacks the"RFP No: 22-33 Inventory Program with Narcotics Tracking System Master and Contract#22-MAS-STA-15664,"with Contract Amendments and Exhibits. NOW,THEREFORE, in consideration of the mutual terms and promises set forth herein,the Parties agree as follows: I. TERM.The term of this Agreement shall commence on the Effective Date above and terminate pursuant to St. Johns County, Florida Master Contract #22-MAS-STA-15664 with Contract Amendments and Exhibits. This Agreement may be extended upon agreement of the parties and in accordance with the terms of the St.Johns County Master Contract,subject to the same tenns and conditions contained herein,or renewed in written by mutual consent of the parties, subject to agreed- upon terms and conditions and the availability of funds. While this Agreement may be renewed as stated in this Article, it is expressly noted that the County is under no obligation to extend this Agreement. it is further expressly understood that the option of extension is exercisable only by the County,and only upon the County's determination that PSTrax satisfactorily performed the Services noted in the Contract Documents.Should the County exercise its option to extend this agreement,all extensions shall be done in writing in the form of an Amendment to this Agreement. 2. PAYMENT. The fees that will be paid by the County are as shown in the attached pricing exhibit ("Exhibit A")and shall be contained in any future Invoice. The County is exempt from sales and use taxes. Payment will be made according to the Florida Local Government Prompt Payment Act, Sections 218.70-218.80, Florida Statutes. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. PSTrax shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Invoices may be submitted upon completion of the services.Acceptability of the invoice 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. Invoices shall be sent to the County Fire Rescue who will review the documents and route them to appropriate County Staff for approval. Upon receiving all required approvals,the invoice(s)will be forwarded to the County Clerk's office for payment. a. ANNUAL SOFTWARE LICENSE FEES. Payment for the following Allocation of Costs based on a start date of July 15,2023 as shown on Exhibit A. b. ONE-TIME IMPLEMENTATION FEES, X Pay the entire one-time implementation fees now. Amortize�spread the implementation fees into equal annual parts over the Initial Term selected above(if multi-year Initial Term is selected). Other instructions(optional): PSTrax shall send invoices to the contact provided by CLIENT. Payment terns for all invoices shall be Net-45 days. Annual software license fees and one-time implementation fees shall be invoiced at the time this Agreement is mutually executed by the Parties and according to the preferences selected by CLIENT above. Each year thereafter,the annual software license fees, and any amortized/spread one-time implementation fees, shall be invoiced at least 30 days prior to the anniversary date. PSTrax may suspend CLIENT'S license(s) in the event of payment delinquency. In the event this Agreement is terminated,any outstanding unpaid fees shall be due including any amortized/spread one-time implementation fees. 3. AMENDMENTS AND MODIFICATIONS. No amendments or modifications of this Agreement shall be valid unless in writing and signed by each of the parties. The County reserves the right to make changes in the work,including alterations,reductions therein or additions thereto. Upon receipt by the Consultant of the County's notification of a contemplated change,the Consultant shall: (1)if requested by the County,provide an estimate for the increase or decrease in cost due to the contemplated change;(2)notify the County of any estimated change in the completion date; and(3)advise the County in writing if the contemplated change shall effect the Consultant's ability to meet the completion dates or schedules of this Agreement, If the County instructs in writing,the Consultant shall suspend work on that portion of the project, pending the County's decision to proceed with the change. If the County elects to make the change, the County shall issue a Change Order for changes,or a contract change order, if the original contract is be changed or amended the Consultant shall not commence work on any such change until such written change order has been issued and signed by each of the parties. 4. 365 DAY MONEY BACK GUARANTEE. PSTrax shall provide CLIENT a 365 Day Money Back Guarantee to ensure its satisfaction with the system. At the purchase date of each module, CLIENT shall have 365 days to "trial" the module. If CLIENT is unsatisfied with the performance of the module,within the 30 days immediately following the 365 day period CLIENT may notify PSTrax to cancel the module. PSTrax shall provide a full refund of the module's first year annual software license fees and any one-time implementation fees paid to date. Any refunded monies shall be paid by PSTrax within 90 days. In order for CLIENT to be eligible for the 365 Day Money Back Guarantee it agrees to: • Use commercially reasonable efforts to build, implement and "go-live"with the module. • Have its crews use the module as part of their regular operations to consistently log and complete tasks for at least six(6)months of the 365 day period. • Attempt to contact and work with PSTrax to resolve issues prior to notifying PSTrax to cancel the module(s). 5. TERMINATION NOTICE, With the exception of Section 2 -365 Day Money Back Guarantee, CLIENT shall be committed to the entirety of the Initial Tenn. At the end of the Initial Teri(or any subsequent Renewal Term),either Party may give the other Party written notice of its intent to terminate this Agreement by providing at least 30 days written notice. 6. NOTICES. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed„postage prepaid,to the other party by certified mail, returned receipt requested,to the following: To the County: Roman Gastesi, Monroe County Administrator 1100 Simonton Stret Key West,Florida 33040 And. Monroe County Attorney's Office I 1 11 12"Street,Suite 408 Key West,Florida 33040 And: Monroe County Fire Rescue Attn: Fire Chief 490 63rd Street Ocean Marathon, Florida 33050 For PSTrax: Scott Bergeron,President/CEO PSTrax 5837 S. Gallup St., Suite 140 Littleton, CO 80120 7. LICENSED MODULES. PSTrax is a hosted "software as a service"that consists of several modules.This Agreement grants CLIENT a license to use one or more of the modules.CLIENT has selected the modules it wants to license in Exhibit A. Modules& Pricing. CLIENT has the right to use the modules for the duration this Agreement remains in effect. 8. ADDITIONAL MODULES.CLIENT may license additional modules at any time by executing an amendment to this Agreement. If additional modules are licensed in the first year of this Agreement, PSTrax will honor any previous pricing that was provided. 9. USER LICENSES. PSTrax does not limit the numbers of users in the system. CLIENT may add as many users as needed. Each user in the PSTrax system will have a unique login and password and role-based security access for each module. 10. SCOPE OF WORK.Pricing for each module is determined by the scope of work.The scope of work is based on either the"number of active"stations,vehicles or managed locations. Active means items being actively managed in the system. Active does not include retired items.CLIENT'S initial scope of work is detailed in Exhibit A. Modules&Pricing. 11. SCOPE OF WORK INCREASES & ANNUAL AUDIT.CLIENT is able to add stations,vehicles or managed locations into the system at any time throughout the year. Before each anniversary date, PSTrax will perform an audit of CLIENT'S system to compare the"number of active" stations, vehicles or managed locations to the initial scope of work detailed in Exhibit A: Modules&Pricing. Additional charges may apply if the "number of active" stations,vehicles or managed locations exceeds the initial scope of work. PSTrax shall notify CLIENT about any additional charges due to scope of work increases. 12. ANNUAL INFLATION INCREASE.Annual software license fees may be subject to annual increases to account for inflation. Compared to the previous year's rate,annual increases shall not be more than five(5)percent or the Consumer Price Index(CPI)percentage published by the Bureau of Labor Statistics,whichever is lower. 13. CHANGES TO PRICING TERMS.Occasionally PSTrax makes changes to its pricing terms. With the exception of Section 10-Scope of Work Increases&Annual Audit and Section I I -Annual Inflation Adjustments,the general pricing terms in Exhibit A: Modules& Pricing shall be"locked in" for the duration of the Initial Term. After the Initial Tenn,should a change to the pricing terms be necessary,PSTrax shall notify CLIENT at least 60 days prior to any changes occurring. 14. IMPLEMENTATION. PSTrax shall be responsible for managing the implementation of the modules licensed by CLIENT.This includes set up of the modules,organizing documents provided by CLIENT,configuring modules to CLIENTS requirements, importing CLIENT'S data,admin training, and assisting with go-live. PSTrax will assign a Project Manager from its team to manage the implementation process and to ensure the project is completed in the agreed upon time period. CLIENT shall provide its existing documentation to PSTrax in a timely manner. CLIENT shall have the opportunity to review and approve the modules prior to go-live. 15. ONGOING CHANGES& SUPPORT.As part of CLIENT'S annual software license fees, PSTrax shall provide unlimited ongoing changes and support to CLIENT including configuration,training, technical support and adjustments for the licensed modules. 16. TRAVEL.PSTrax shall conduct all implementation,training and support meetings with CLIENT virtually using a video conferencing service. Travel is not anticipated and is not included in the pricing provided. Any travel requested by CLIENT shall be invoiced separately. PSTrax shall have CLIENT approve all travel requests in writing prior to purchasing. 17. CHANGES TO PLATFORM.PSTrax is a multi-tenant platform. PSTrax may, in its sole discretion, make any changes to the modules that it deems necessary or useful to maintain or enhance the quality or delivery of PSTrax's products or services to its customers,the competitive strength of,or market for, PSTrax's products or services,the modules'cost efficiency or performance,or to comply with applicable law. 18. DATA OWNERSHIP& RETENTION.CLIENT owns its data stored in PSTrax under all circumstances.CLIENT may export its data at any time using the front-end user interface. Upon request,PSTrax will provide CLIENT a copy of its data in digital format. CLIENT may request a copy of its data while this Agreement remains in effect,and up to 60 months after the termination of this Agreement.PSTrax shall retain CLIENT'S data for at least 60 months after the termination of this Agreement unless CLIENT requests otherwise. 19. HOSTING SERVICES.The PSTrax system is hosted by Rackspace Inc. -or a comparable top-tier hosting services provider-and uses commercially reasonable measures to maintain the security, stability and availability of the service. PSTrax and its hosting services provider shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by,directly or indirectly,failure,outages,delay or interruption of service resulting from the hosting services. PSTrax shall use commercially reasonable efforts to resume performance as soon as practicable under the circumstances. 14. FORCE MAJEURE. PSTrax shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by,,directly or indirectly, forces beyond its control,including, without limitation, pandemics,strikes, work stoppages,accidents,acts of war or terrorism,civil or military disturbances, nuclear or natural catastrophes or acts of God,and interruptions, loss or malfunctions of utilities,communications or computer(software and hardware) services,or any other circumstances beyond that parry's reasonable control. PSTrax shall use commercially reasonable efforts to resume performance as soon as practicable under the circumstances. 21. COMPLIANCE.CLIENT is responsible for ensuring that its checks and inspections being documented in PSTrax comply with local,state and federal regulations, including,without limitation, NFPA guidelines,Department of Transportation(DOT)guidelines,OSHA guidelines,DEA requirements, manufacturer recommendations,and the standard operating procedures(SOP)of the authority having jurisdiction(AH1), 22. INTELLECTUAL PROPERTY. Except for rights expressly granted under this Agreement,nothing in this Agreement shall function to transfer any of either Party's intellectual property rights to the other Parry,and Parties shall retain exclusive interest in and ownership of its intellectual property developed before this Agreement or developed outside the scope of this Agreement. 23. CONFIDENTIAL INFORMATION.The terms,provisions,and conditions of this Agreement and any software,materials, information, files,and documentation provided by one Party to the other Party in connection herewith shall be regarded as confidential and proprietary,and shall be treated and maintained as such. Parties shall not disclose any confidential or proprietary information received from the other Party in connection herewith without the prior written consent of the other Party, except as may be required by law and public records requirements;, 24. USE OF NAME. PSTrax may not manufacture, use,display,or otherwise use any facsimile or reproduction of the County Seal/Logo without express written approval Monroe County, Florida. 25. DISPUTE RESOLUTION.The Parties agree to attempt to resolve any disputes amicably by mutual discussion, The County shall not be obligated to arbitrate or permit any arbitration binding on the County under any of the Contract Documents or in connection with the project in any manner whatsoever. 26. GOVERNING LAW.This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts 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, County and PSTrax agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida. 27. INDEMMFICATION,DEFEND,HOLD HARMLESS. PSTrax does hereby consent and agree to indemnify,defend and hold harmless the County, its Mayor,the Board of County Commissioners, appointed Boards and Commissions, Officers,and the Employees,and any other agents, individually and collectively, from all fines,suits,claims,demands,actions,costs,obligations,attorney's fees,or liability of any kind arising out of the sole negligent actions of PSTrax or substantial and unnecessary delay caused by the willful nonperformance PSTrax and shall be solely responsible for any and all accidents or injuries to persons or property arising out of its performance of this contract. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further PSTrax agrees to defend and pay all legal costs of the County for claims or acts attributable to the sole negligent act of PSTrax or any of PSTrax's employees or representatives. At all times and for all purposes hereunder, PSTrax is an independent PSTrax and not an employee of the Board of County Commissioners.No statement contained in this agreement shall be construed so as to find PSTrax or any of his/her employees, PSTrax's servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent PSTrax PSTrax shall provide independent,professional judgment and comply with all federal,state,and local statutes, ordinances,rules and regulations applicable to the services to be provided. In no event shall PSTrax's excess liability above the insurance limits in Section 3 1-Insurance,arising out of or related to this Agreement,whether in contract,Tort or under any other theory of liability exceed in the aggregate the total annual software license fees paid by the County during the six(6) months immediately preceding the date of the event giving rise to the claim. 28. SEVERABILITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason,the remainder of that provision and of the entire Agreement shall be severable and remain in effect. 29. ATTESTATIONS.PSTrax agrees to execute such documents as the County may reasonably require, including,but not being limited to,a Public Entity Crime Statement, an Ethics Statement and a Vendor Certification Regarding Scrutinized Companies. 30. FLORIDA PUBLIC RECORDS LAW(FLORIDA STATUTE§ 119.0701).PSTrax 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 PSTrax 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 PSTrax 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 PSTrax. Failure of PSTrax 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. PSTrax is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. PSTrax shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement and their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records and auditing purposes during the term of the Agreement and for five(5)years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to PSTrax pursuant to this Agreement were spent for purposes not authorized by this Agreement,PSTrax shall repay the monies together with interested calculated pursuant to Section 55.03 the Florida Statutes, running from the date the monies were paid to PSTrax. Pursuant to F.S. 119.0701, PSTrax and its subPSTraxs shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records required by Monroe County in order to perform the service. b. Upon request from the public agency's custodian of public records,provide the public agency 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 Florida Statutes,Chapter 119 or as otherwise provided by law. c. 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 PSTrax does not transfer the records to the public agency. d. Upon completion of the contract, transfer, at no cost, to Monroe County all public records in possession of PSTrax or keep and maintain public records required by the public agency to perform the service. If PSTrax transfers all public records to the public agency upon completion of the contract, PSTrax shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If PSTrax keeps and maintains public records upon completion of the contract,PSTrax shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Monroe County, upon request from the public agency's custodian of records,in a format that is compatible with the information technology systems of Monroe County. If PSTrax does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by PSTrax.A PSTrax 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. PSTrax 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 PSTRAX HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PSTRAX'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT (305) 292-3470, �iiradle ��ll imi 9 ymi�m �iut,o°grc����uiu � � , c/o Monroe County Attorney's Oflice, 1111 1211 St.,Suite 408,Key West FL 33040. 31. INSURANCE.By the date of the execution of this agreement, PSTrax shall procure and maintain for the duration of this agreement,insurance against injuries to persons and damages to property which may arise out of,or in connection with,the performance of the agreement. PSTrax shall furnish evidence of Commercial General Liability and Cyber Liability. PSTrax shall obtain Pollution Occurrence Insurance if required in the Scope of Work. PSTrax shall add County to its policies as an additional insured and shall provide a certificate of insurance and policy endorsement as evidence of coverage. As a pre-requisite of the work governed, PSTrax shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. PSTrax will ensure that the insurance obtained will extend protection to all SubPSTraxs engaged by PSTrax. As an alternative, PSTrax may require all Subcontractors to obtain insurance consistent with the attached schedules; however PSTrax is solely responsible to ensure that said insurance is obtained and shall submit proof of insurance to County. Failure to provide proof of insurance shall be grounds for termination of this Agreement. PSTrax will not be permitted to commence work governed by this contract until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contactor to provide satisfactory evidence of the required insurance,shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for PSTrax's failure to provide satisfactory evidence. PSTrax shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced and/or termination of this Agreement and for damages to the County. Delays in the completion of work resulting from the failure of PSTrax to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for PSTrax's failure to maintain the required insurance. PSTrax shall provide, to the County, as satisfactory evidence of the required insurance, either (1) a Certificate of Insurance or(2)a certified copy of the actual insurance policy. Any cancelled non-renewal policy will be replaced with no gap in coverage and a current Certificate of Insurance will provided to the County. The County,at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty(30)days prior notification is given to the County by the insurer. The acceptance and/or approval of PSTraxs insurance shall not be construed as relieving PSTrax: from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners,its employees and officials will be included as "Additional Insured"on all policies, except for Workers'Compensation and Professional Liability. Policies shall be written by companies licensed to do business in the State of Florida and having an agent for service of process in the State of Florida. All insurance companies shall have an A.M. Best rating of A-or better.The required insurance shall be maintained at all times while PSTrax is providing service to County. The vendor is required to provide the following insurance coverage: Statutory Limitations Workers' Compensation $1,000,000 per Occurrence General Liability $2,000,000 Aggregate Cyber Liability $1,000,000 per Occurrence Prior to or at time of execution of the agreement, the vendor shall provide a certificate of insurance evidencing current coverage in this amount. Thereafter, the vendor shall provide updated certificates whenever the coverage is renewed. 32. Nondiscrimination/Equal Employment Opportunity The parties 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. The parties agree 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 VI1 of the Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 1681-1683,and 1685-1686),which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC § 794),which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),which prohibits discrimination on the basis of age; 5)The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(PL 91616),as amended,relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article I1, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement, the Contractor, in accordance with the 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 11, 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 equally during employment, without regard to their race, color, religion, sex, sexual 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 by the contracting officer 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 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 works with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under section 202 of Executive Order 11246 of September 24, 2965, 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, 2965, 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 contracting 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 non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized 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. S) The Contractor will include the portion of the sentence immediately preceding paragraph 11.2(1) and the provision of paragraphs 11.2(1) through 11.2(7) 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, 2965, 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. 33. RIGHT TO AUDIT.Availability of Reeord v, 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 the 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, F.S., running form the date, the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 34. E-VERIFY. Beginning January I, 2021, in accordance with Section 448.095, Florida Statutes, 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 tern 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 status 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 Section 448,095,Florida Statutes. ACCEPTANCE By signing below, CLIENT and PSTrax agree to the pricing,terms and conditions of this Agreement. CLIENT certifies that the signer is an authorized purchaser. Monroe County Board of Station Automation, Inc. (dba PSTrax) County Commissioners Signature: Signature: Namc: Roman Gastesi Name: S�67v- "3e 0?-,e Title: County Administrator Title: el"m"' ")eei Email: gestesi-roman@monroecounty-fl.gov Email: Phone: — 305-2924442 Phone: mm" 11 Date: July 17. 2023 Date: ........... Appromd as to form and legal n1ficiency Monroe County Anwwy's Office Ch&fina Cory,Asimbut County Attorney Date: 7.11.23 EXHIBIT `cA" SWORN STATEMENT UNDER ORDINANCEN -10 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion„ deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage,gift, or consideration paid to the former County officer or employee." „ of . .,,,,, . iature orate Officer I ,,,.'° Date ... ... �.. ..� State of: . , . m _t�o nrere_ County of . Subscribed and sworn to (or affirmed before me,by means of Physical presence or Online notarization,on (date) B .�. . 'm., (name of affiant). _ rv ,�nnn . He/She is personally know to me or has produced p (type of identification)as identification. NOTARY PUBLIC My Commission Expires: � t " .HRIS'"M ANDENBCR 1140TARY lI UUI I.1'C ATE OF COLORADO NOTARY III 202140VIV1107 EXHIBIT FORM tags+ NON-COLLUSION AFFIDAVIT m the city of L,,.L.!ti,!& t .__according to law on my oath and under penalty of perjury, depose and say that; a. I am � " �rrrrmmrrrrrmn,,,, ., of the firm of m„ t 1 0% f m !� the Proposer ..n•,� ,,� and that I•,,, ,m„ ._. ..., .. . .......� p ! . Request for Proposals for maktn the Pr�os�alfor the o act m hey � � � � g P J executed the said Proposal with full authority to do so; b. the prices in this Proposal have been arrived at independently without collusion,consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; c. unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to Proposal opening, directly or indirectly,to any other Proposer or to any competitor;and d. no attempt has been made or will be made by the Proposer to induce any other person, partnership or corporation to submit,or not to submit,a Proposal for the purpose of restricting competition; e, the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ure o orate Officer Date State of: County of: ?�..,,r.ro Subscribed and sworn to(or affirmed before me, by means of � Physical presence or �w. Online notarization, on �f date) y 1 ` (name of affiant). He/She is personally kn n to me or has produced i (type of identification) as identification. . . ,,;, , ii idlP'i'llll" 1�IIl NOTARY PUBLIC STA!"E OF. t Corn lesion Expires: IVI� 1C " i llll � '�^l � "" � M, �^ EXHIBIT FORM 66C" DRUG FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: Rw 5�� ) , (Name of Business) I.Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession,or use of controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2.Inform employees about the dangers of drug abuse in the workplace,the business'policy of maintaining a drug. free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3.Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4.In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or polo contendere to, any violation of Chapter 893(Florida Statutes)or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)days after such conviction. 5.1mpose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,or any employee who is so convicted. b.Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, 1 certify that this firm complies fully with the above requirements. Sig of oriate Officer���� � „... .m Date State of: County of: =�„ X , �� ,:,,,,,, Subscribed and sworn to (or affirmed before me,by means of Physical presence or Online notarization,on (date) (name of affiant) He/She is personally known to m or has produced IL111 ,,, (type of identification) as identification. �...__:L1I914I1DIENBOO 1114101"ARY PUBUC NOTARY PUBLIC �"� I TT� ' l OAR ���I ,. ... 111401ARY ID 202 f ission Expires: 1 " Ii3T C'T1dVdI (t PI �� m ExhibitModules & Pricing 'i Pz"3mTl�iAmX �FRmU"PG9 'A' L FOR r r x Pel'farnl Controlled Substances Check As-Needed 1 PPE Kom duo Check k WE Alleft Monroe County Fire Rescue rN N�b� w,�w� uwd, RL Colina, Deputy Fire Chief En°law I I28 490 63rd St Ocean Ste 16027 Marathon, FL 33050 VehicleS" "ss"3d'°°k' ' checks checks ded A&INeeded Winded �ti � �� `�` ^� UIIIu6�wIUIIIIIUIIIIIIIIIIIIIIUIUIUIIIIIIIIIIUIUIrw�wlllulullllllilntiU�Ilun�S���iwwwswiuiuini��t�w�:uu�o��www��dls�U»2�o�>�iwtiww�w���wN, i o,r � 1 6 1 t SCSA lawcws iAug chwim two" 1 Prepared By: Dave Zachau p w �lam lii Station Automation, Inc.(DBA PSTrax) III OUR,, mnlll o�wu�llli 1111u mill 07,10.23 1v 10 D1i"J �E S 0 V E R'V 1:1 Iplllllll The PSTrax system consists of seven modules. Simply select the modules your agency would like to start with. You may add additional modules at anytime. The YL,Lri i c dg Q MU, ii-LQ automates vehicle maintenance checks and all tools and equipment carried on each vehicle. Each VEHICLES ," apparatus can be customized based on its checklists (daily/weekly/monthly/PMs) and inventories, with unlimited check scheduling options - any frequency. Track inventory transfers and complete as-needed checks for fuel logs, PMs, and post-call inventories. Easily manage your entire fleet, see the location of each vehicle, and make status updates for in- service, out-of-service, and reserve units. The schedules building maintenance inspections, chore schedules, safety inspections, specialty equipment STATIONS--" inspections, and basic EMS and station supply checks. Each station, building, training facility, or headquarters checklist can be impo",41" M customized based on its individual desired inspections or checks, (daily/weekly/monthly/quarterly, etc.), with unlimited check scheduling options - any frequency. The,,5CJ1-.`.-)A f.J L a ................... .....jg�... tracks the full history for each piece of SCBA gear from purchase to retirement. Document any type of event - SCBA, inspections, hydrostat tests, flow tests, air fills, repairs, contaminant exposures, and more. Convenient, easy to access reports can be pulled in real time, or pushed to you as requested. View expiration dates and maintenance costs for better forecasting and justification for replacement as needed. Includes all SCBA inventories across your agency. The PRE Moiduie tracks the full history for each piece of PPE gear ...-.............................I 1 -.1­­1 1 from purchase to retirement. Manage gear assignments and ''YOU, C1,11"."CKS. fl A, OUR PRIORITY. document any type of event - routine inspections, advanced inspections, cleanings, repairs, contaminant exposures, and more. PPE' View expiration dates and maintenance costs for better forecasting and justification for replacement as needed. Includes all PPE inventories - including multiple sets and unassigned gear. The Ciriidic,M ,Assi t Modul.g.tracks the full historyfor each critical, or high dollar asset from purchase to retirement. Track grant-funded CRITICAL equipment, manage assignments and document any type of event - ASET- inspections, testing, repairs, and more. Create custom events for anything you would like to track, such as hydrant flow tests, annual hose testing, and radio software updates. View expiration dates and maintenance costs for better forecasting and justification for replacement as needed. rlz"� p¢ The I�� �� ����",i � ll � l�p.l [��'�Ij,,, w provides visibility and tracking of all 441 consumable supplies (EMS supplies, station supplies, and repair IN VENT parts) across every location in your agency. Real time reporting on below par, expirations, and usage trends. Save time and money owwith streamlined inventory processes that reduce stock issues, manage expiration dates, and restock supplies that need refilled. The aojtu.. Hird �' ����IV�sta..in ��...af � u l .tracks every vial handoff for DEA k/mAx", E Schedule II, III and IV controlled substances such as CONTROLLED arriving/departing checks, usage events, restocks, and inventory SUBSTANCE checks. Track and document each vial by its control number, lot number and expiration date. Electronic signature and dual authentication provide even more secure verification. � ,"'i OUR PRIORITY. L X 111 B I 1:111 M 0 D [J I IS & 1" RIC �I �NG The PSTrax system consists of seven modules. You may add additional modules at any time. Each module has an annual software license fee and a one-time implementation fee that is based on the scope of work. The Fees below Include: * Software License * Setup & Implementation (includes project management, data import, configuration, training, rollout) • Hosting • Unlimited Support (includes training, ongoing changes) ELLcWg is valid for 90 day . Please contact your PSTrax Representative for adjustments to the modules priced below. 111 IIW!! I§ Wql Boom=, • Vehicle 351 Vehicles $225 $8,10o, i i C:i '3df"1 VOIS(" 1219�v puin�l!�ers, II is iiVaGua"fan of QIus 201 straff @1 WC as Station 10 Stations&TS North $250 $2,500 lril,Judies! 9 s un. I,I,,isTrauinrrl Stair Noird'li SCBA 9 Stations $350 $3,1501 I c, I ri e PPE 9 Stations $350 $3,150 Critical Asset 10 Stations&TS North $350 $3,500 CKIIJ(41!5 'D St,�b0l�S MDIkIS lirauinria Stair INolirtioi Inventory/Supply 11 Stations&TS North&Ill $450 $4,950 Nni'!Iiu.0 es su'.Itl i,"Ni'is, i lraalimi,ir'lla staii,,, Ii 1('�[ C 0 n".",, Controlled Substance 22 Managed Locations $250, $5,500 nclwk:ls! 1, 4" ak II!icl,xes, 18grolund ulnlLs plius �2 bioxies @1 N/C YO'UR CHECKS. A r, 'I A OUR PRIORITY. Single Sign On I Not Included) 0 SSO Users ir.lentity -Iiroviider IC'r ,Active Dii a ic.Ilh:)iry„ a.w&101) First Arriving Integration [Not Included) 0 Stations $5,01 $0 irndud:^s`: $30,850 Vehicle 36 Vehicles $70 $2,520 Station 10 Stations&TS North $75 $750'. SCBA 9 Stations $70 $630 PPE . . .. ........ ....................................... ...._....... ..... .........._... ... 9 ..stations.... . _........... . ....,.... ......... .. ......... .. ...$70 ....... .. . .-$630 Asset ...... 10 Stations&TS North $7 . .rc ...... ... ... Critical A. ..... 0 $70 0 Inventory/Supply 11 Stations&TS North &HQ "$90 ......... $990 Controlled Substance 22 Managed Locations $50 $1,100 Year 1 Total (USD): $38,170 Years 2+ Estimated Annual License Fee (USD)* : $30,850 eNi u l,I me r �f Pl" a 1 a W 1a"aN�NN 1°NI' �o N 9 G i 't`i� Pi"1ii I /, �II ' $ 9.39 i *Annual Fees Total does NOT include any amortized one-time implementation fees or pricing adjustments resulting from the agreement terms such as annual CPI adjustments or scope of work increases. **Stations/Buildings Is the pricing metric to determine agency size, expected quantities,#of assets, tasks, checks, etc. Allocation of Costs based on Start Date of 7/15/23 • One Time Implementation Fee : $7,320 • July 15 through September 30, 2023 Prorated Annual License Fees: $6,427.08 • Initial Invoice total amount will be: $13,747.08 • October 1, 2023 to February 2023: $12,854.17 **Note: Annual License Fees total subject to"Annual Inflation Increase"-see agreement Terms • CHECKS[ o �,„�o.p A. �,,F D'OURPEORITY. .....'. A G 1��R �E� N T This Master Agreement(this "Agreement") is entered into by and between Station Automation, Inc. dba PSTrax, a Delaware corporation ("PSTrax") with a place of business at 5837 S. Gallup St., Suite 140, Littleton, CO 80120, and Monroe County Fire Rescue ("CLIENT"). PSTrax and CLIENT are sometimes referred to jointly as the "Parties" or singularly as a "Party." WHEREAS, CLIENT desires to obtain access to the hosted "software as a service" modules with respect to automate its operations; and PSTrax wishes to provide the hosted "software as a service" modules to CLIENT, each on the terms and conditions set forth in this Agreement. Any changes to this Agreement shall be mutually agreed upon by the Parties. NOW, THEREFORE, in consideration of the mutual terms and promises set forth herein, the Parties agree as follows: 1. INITIAL TERM. The Initial Term of this Agreement shall be the number of years selected by CLIENT in Exhibit B: Financing Terms. The start date of the Initial Term shall be the date this Agreement is mutually executed by the Parties. 2. 365 DAY MONEY BACK GUARANTEE. PSTrax shall provide CLIENT a 365 Day Money Back Guarantee to ensure its satisfaction with the system. At the purchase date of each module, CLIENT shall have 365 days to "trial" the module. If CLIENT is unsatisfied with the performance of the module, within the 30 days immediately following the 365 day period CLIENT may notify PSTrax to cancel the module. PSTrax shall provide a full refund of the module's first year annual software license fees and any one-time implementation fees paid to date. Any refunded monies shall be paid by PSTrax within 90 days. In order for CLIENT to be eligible for the 365 Day Money Back Guarantee it agrees to: 6 Use commercially reasonable efforts to build, implement and "go-live" with the module. a Have its crews use the module as part of their regular operations to consistently log and complete tasks for at least six (6) months of the 365 day period. 0 Attempt to contact and work with PSTrax to resolve issues prior to notifying PSTrax to cancel the module(s). DYOU R,1 CHJ1,11CXS,. OUR PRIORITY. 3. TERMINATION NOTICE. With the exception of Section 2 - 365 Day Money Back Guarantee, CLIENT shall be committed to the entirety of the Initial Term and shall be responsible for the fees of all the licensed modules originally purchased in Exhibit A: Modules & Pricing. At the end of the Initial Term or any subsequent Renewal Term), either Part-r� i notf- the other Partv�pon 3 s written notice of its intent to terminate this Agreement or to make adjustments to the modules origLnay_purchased in Exhibit A: Modules & Pricing, 4. AUTO RENEWAL. Upon the expiration of the Initial Term (or any subsequent Renewal Term), and provided neither Party has given Termination Notice, this Agreement shall be automatically renewed for a one (1)year Renewal Term. This will allow CLIENT to continue using its license(s) without any service interruption. During any Renewal Term, the terms, conditions and provisions set forth in this Agreement shall remain in effect. 5. LICENSED MODULES. PSTrax is a hosted "software as a service" that consists of several modules. This Agreement grants CLIENT a license to use one or more of the modules. CLIENT has selected the modules it wants to license in Exhibit A: Modules & Pricing. CLIENT has the right to use the modules for the duration this Agreement remains in effect. 6. ADDITIONAL MODULES. CLIENT may license additional modules at any time by executing an amendment to this Agreement. If additional modules are licensed in the first year of this Agreement, PSTrax will honor any previous pricing that was provided. 7. USER LICENSES. PSTrax does not limit the numbers of users in the system. CLIENT may add as many users as needed. Each user in the PSTrax system will have a unique login and password and role-based security access for each module. 8. SCOPE OF WORK. Pricing for each module is determined by the scope of work. The scome of work is based on either the "number of active" stations, vehicles or managed locations. Active means items being actively managed in the system. Active does not include retired items. CLIENT'S initial scope of work is detailed in Exhibit A: Modules & Pricing. 9. SCOPE OF WORK INCREASES &ANNUAL AUDIT. CLIENT is able to add stations, vehicles or managed locations into the system at any time throughout the year. Before each anniversary date, PSTrax will perform an audit of CLIENT'S system to compare the "number of active" stations, vehicles or managed locations to the initial scope of work detailed in Exhibit A: Modules & Pricing. Additional charges may apply if the "number of active" stations, vehicles or managed locations exceeds the initial scope of work. PSTrax shall notify CLIENT about any additional charges due to scope of work increases. Y011M GILEC�XS, ��. ,I „1 h 101 OUR PRIORITY. 10. ANNUAL INFLATION INCREASE. Annual software license fees may be subject to annual increases to account for inflation. Compared to the previous year's rate, annual increases shall not be more than five (5) percent or the Consumer Price Index (CPI) percentage published by the Bureau of Labor Statistics, whichever is lower. 11. CHANGES TO PRICING TERMS. Occasionally PSTrax makes changes to its pricing terms. With the exception of Section 9 - Scope of Work Increases &Annual Audit and Section 10 - Annual Inflation Adjustments, the general pricing terms in Exhibit A: Modules & Pricing shall be "locked in" for the duration of the Initial Term. After the Initial Term, should a change to the pricing terms be necessary, PSTrax shall notify CLIENT at least 60 days prior to any changes occurring. 12. PAYMENT. PSTrax shall send invoices to the contact provided by CLIENT in the Invoicing section below. Payment terms for all invoices shall be Net-45 days. Annual software license fees and one-time implementation fees shall be invoiced at the time this Agreement is mutually executed by the Parties and according to the preferences selected by CLIENT in Exhibit B: Financing Terms. Each year thereafter, the annual software license fees, and any amortized/spread one-time implementation fees, shall be invoiced at least 30 days prior to the anniversary date. PSTrax may suspend CLIENT'S license(s) in the event of payment delinquency. In the event this Agreement is terminated, any outstanding unpaid fees shall be due including any amortized/spread one-time implementation fees. 13. IMPLEMENTATION. PSTrax shall be responsible for managing the implementation of the modules licensed by CLIENT. This includes set up of the modules, organizing documents provided by CLIENT, configuring modules to CLIENT'S requirements, importing CLIENT'S data, admin training, and assisting with go-live. PSTrax will assign a Project Manager from its team to manage the implementation process and to ensure the project is completed in the agreed upon time period. CLIENT shall provide its existing documentation to PSTrax in a timely manner. CLIENT shall have the opportunity to review and approve the modules prior to go-live. 14. ONGOING CHANGES & SUPPORT. As part of CLIENT'S annual software license fees, PSTrax shall provide unlimited ongoing changes and support to CLIENT including configuration, training, technical support and adjustments for the licensed modules. 15. TRAVEL. PSTrax shall conduct all implementation, training and support meetings with CLIENT virtually using a video conferencing service. Travel is not anticipated and is not included OURC C , A ��D , PRIORITY. in the pricing provided. Any travel requested by CLIENT shall be invoiced separately. PSTrax shall have CLIENT approve all travel requests in writing prior to purchasing. 16. CHANGES TO PLATFORM. PSTrax is a multi-tenant platform. PSTrax may, in its sole discretion, make any changes to the modules that it deems necessary or useful to maintain or enhance the quality or delivery of PSTrax's products or services to its customers, the competitive strength of, or market for, PSTrax's products or services, the modules' cost efficiency or performance, or to comply with applicable law. 17. DATA OWNERSHIP & RETENTION. CLIENT owns its data stored in PSTrax under all circumstances. CLIENT may export its data at any time using the front-end user interface. Upon request, PSTrax will provide CLIENT a copy of its data in digital format. CLIENT may request a copy of its data while this Agreement remains in effect, and up to 36 months after the termination of this Agreement. PSTrax shall retain CLIENT'S data for at least 36 months after the termination of this Agreement, unless CLIENT requests otherwise. 18. HOSTING SERVICES. The PSTrax system is hosted by Rackspace Inc. - or a comparable top-tier hosting services provider - and uses commercially reasonable measures to maintain the security, stability and availability of the service. PSTrax and its hosting services provider shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, failure, outages, delay or interruption of service resulting from the hosting services. PSTrax shall use commercially reasonable efforts to resume performance as soon as practicable under the circumstances. 19. FORCE MAJEURE. PSTrax shall not be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, pandemics, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services. PSTrax shall use commercially reasonable efforts to resume performance as soon as practicable under the circumstances. 20. COMPLIANCE. CLIENT is responsible for ensuring that its checks and inspections being documented in PSTrax comply with local, state and federal regulations, including, without limitation, NFPA guidelines, Department of Transportation (DOT) guidelines, OSHA guidelines, DEA requirements, manufacturer recommendations, and the standard operating procedures (SOP) of the authority having jurisdiction (AHJ). ��: , .n OUR PRIORITY. Onfee countylkailesm Signature: Signature: r � Name: Roman Gastesi Title: County Administrator Scott Bergeron Email: gastesi-roman@monroecounty-fl.gov Title: President Phone: 292 2Email: scott@pstrax.com Date: July W, 303-91 -3169 Date: 03.13.23 If signed electronically, a copy of the executed Agreement will be automatically ema+led to the Parties. If printed and signed with pen, please email ALL PAGES of this Agreement to sales@pstrax.com. o%td as to fortug Mos oe Co Attoreet s Office OWkStM Con Ass,st C An w Date:511 W23 PAGE 29 f 8 nuw �►Co d CERTIFICATE 4F LIABILITY INSURANCE 12/12/2024 THIS CERTIFICATE IS ISSUED AS A(NATTER 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 cartificate holler Is an ADDITIONAL INSURED,the pollcy(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 cartificate does not confer rights to the cartlficate holder in lieu of such andorsewmigay PRODUCER NAME;uT Alan Carpenter ALAN CARPENTER INSURANCE AGENCY LLC PHONE {720)233-5873 N,.(303)955-4227 195 Telluride St Ste 2 ADDRESS ace uteri@farnl@rsagent-com Brighton, CO 80601 INKg m) MWORO a cWiLuos Noce INSURER A:USLI 25895 INSURED Station Automation Inc INSURER B Travelers 25658 DBA: PSTrax INSURER C CFC Underwriting Limited 52,52 5837 S Gallup, Suite 140 INSURER o Littleton, CO 80120 INSURER E 303-916-3169 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, LTTRR TYPE OF INSURANCE AML POLICY NUMBER LIMA X CONU CIAL 000tAL LIANUTY EACH OCCURRENCE S 2,000,000 CLAIMS-MADE 191 OCCUR PREMISES Ea ocaerence s 300,000 PPP1556228 6/12/2023 06/12/2024 MED EXP(Arty one ) $ 5 000 A Y Y PERSONAL 8 ADV INJURY s 2,000,000 GEWL AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE s 4,000,000 X POLICY❑jEpT El LOC B PRODUCTS-COMPIOP AGG s 2,000,000 OTHER: DATE 2 1�20 s AUTOMOBILE LIABILITY WAIVER NIA YES Ee sodden! $ 2,000,000 _®ANYAUTO BODILY INJURY(Per person) s ALL OWNED SCHEDULED A AUTOS AUTOS Y Y 06/12/2023 D6/12/2024 BODILY INJURY(Peraoadern) S X HIRED AUTOS H AUTOSNON PPP1556228 PmeeeiderM S s UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S BED RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS'LIABILITY VON STATUTE ER ANY PROPWETORIPARTre3UP(ECUTI4E E.L. ACH ACCIDENT S OFFKWJVM�EA EXCLUDED? ❑NJE.L. lMmdamy In me E.L.DISEASE-EA EMPLOYEE s Mrs describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT I s C CYBER:Liability ESL0039678381 6 12 2023 06 12 2024 $1,000,000 A Professional E&O Y Y PPP1556228 6/12/2022 6/12/2024 $2,000,000 B Travelers D&O EPLI 107741556-1 22/01/2023 12/01/2024 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES (ACORD 101,Aderdlonel Rernaft Sd*dLds,may be aWwW if nwe specs is regUrad) Monroe County Board of County Commission is an additional insured for work done by the above named insured. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commission SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE 1 9M2014XMRD CORPORATION. Ali rights reserved. ACORD25(2014/01) The ACORD name and logo are registered marks of ACORD UNITED STATES LIABILITY INSURANCE GROUP ... ................... n„�m ...........,..... ,n. _ ... . ........ , "-....... � .............. °°°°°°°°, This endorsement modifies insurance provided under the following: 7i COMMERCIAL GENERAL LIABILITY COVERAGE FORM .............. --J BLANKET ADDITIONAL INSURED ENDORSEMENT Section I —Who Is An Insuredis amended to include as an additional insured anyperson(s) or organization(s) for whom you are performing "your or "under a itte contract or agreement, that requires such sos) or organization (s) to be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property da a e" or"personal and advertisinginjury" occurring after the effective date of such contract or agreement that is caused, in whole or in part Your acts oromissions; or The acts or omissions of those acting on your behalf in the performance of "your work" for the additional insured. Coverage for an additional insured under this endorsement ends when "your work" for that additional insured ends or is put to its intended use by any person or organization. EXCLUSIONS There is no coverage under this endorsement for loss or expense, including but not limited to the cost of defense for"bodily injury", "property a a " or"personal and advertising injury" occurring: After all o "your work", including terials, parts or equipment ished in connection with "yourwork" and performedunder the above referenced written contract(s) or agreement(s ) has ended; or When that portion of"your work" out of which the "bodily injury", "property damage" or "personal and advertisinginjury"arises and performed under the above ref envied written contract(s) or agreement(s) as been put to its intended use by any person or organization; whichever occurs first. All other terms and conditions of this policy remain unchanged. This endorsement is a part of your policy and takes effect on the effective date of your policy unless another effective date is shown. L 7!2. (02-11) page 1 of .l