Contract 2018-57 AGREEMENT FOR
VIDEO SURVEILLANCE AND ACCESS CONTROL REPAIRS, MAINTENANCE,
UPGRADES AND NEW INSTALLATION
THIS AGREEMENT, is made and entered into this a day of Acs S
2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal'u
corporation
under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont,
Florida, (hereinafter referred to as "CITY"), and SITESECURE / MILLER ELECTRIC
COMPANY.,whose address is: 2251 Rosselle St.,Jacksonville,Florida 32204(hereinafter
referred to as "CONTRACTOR").
WHEREAS, the Osceola County B.C.C. through the public procurement process awarded
an Agreement for video surveillance and access control repairs,maintenance,upgrades and
new installation, Osceola County B.C.C. contract number RFP-16-4469-TP;
WHEREAS,CITY desires to utilize the above-referenced awarded bid,CONTRACTOR's
response thereto and Agreement in accordance with CITY's procurement policy; and
WHEREAS,CONTRACTOR desires to enter into a contract with CITY based on the terms
and conditions of the Osceola County B.C.C. contract number RFP-16-4469-TP.
WITNESSETH: That the parties hereto, for the consideration hereinafter set forth,
mutually agree as follows:
ARTICLE I — SCOPE OF WORK
The CONTRACTOR shall provide video surveillance and access control repairs,
maintenance, upgrades and new installation as described in the Osceola County B.C.0
contract number RFP-16-4469-TP, which is attached hereto and incorporated herein as
Exhibit "A" and shall do everything required by this Agreement and the other Agreement
Documents contained in the specifications,which are a part of these Documents. Provided,
however, that nothing herein shall require CITY to purchase or acquire any items or
services from CONTRACTOR. To the extent of a conflict between this Agreement and
Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all
instances the CITY purchasing policy, resolutions and ordinances shall apply.
ARTICLE II—THE CONTRACT SUM
CITY shall pay CONTRACTOR,for the faithful performance of the Agreement as set forth
in the Agreement documents and the Unit Price Schedule as set forth in Exhibit `B',
attached hereto and incorporated herein.
ARTICLE III—TERM AND TERMINATION
1. This Agreement is to become effective upon execution by both parties,and shall
remain in effect until April 18, 2019, unless terminated or renewed as provided
by the Osceola County B.C.C.
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2. Notwithstanding any other provision of this Agreement, CITY may, upon
written notice to CONTRACTOR, terminate this Agreement if: a) without
cause and for convenience upon thirty (30) days written notice to
CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c)
CONTRACTOR makes a general assignment for the benefit of its creditors; d)
CONTRACTOR fails to comply with any of the conditions of provisions of this
Agreement; or e) CONTRACTOR is experiencing a labor dispute, which
threatens to have a substantial, adverse impact upon performance of this
Agreement, without prejudice to any other right or remedy CITY may have
under this Agreement. In the event of such termination, CITY shall be liable
only for the payment of all unpaid charges, determined in accordance with the
provisions of this Agreement, for work, properly performed and accepted prior
to the effective date of termination.
3. Upon mutual agreement of the parties,this Agreement may be renewed for three
(3) additional one(1) year terms.
ARTICLE IV—COMMENCEMENT AND COMPLETION OF WORK
The CONTRACTOR shall provide video surveillance and access control repairs,
maintenance,upgrades and new installation forth in the applicable purchase order or notice
to proceed.
ARTICLE V—PAYMENTS
In accordance with the provisions fully set forth in the General Conditions,
CONTRACTOR shall submit a payment request by the third (3rd) day of each calendar
month for items provided during the preceding calendar month. CITY shall make payment
to the CONTRACTOR, within thirty (30) calendar days, on the basis of a duly certified
and approved payment invoice by the CITY for services provided and accepted by the
CITY.
ARTICLE VI—DISPUTE RESOLUTION - MEDIATION
1. Any claim, dispute or other matter in question arising out of or related to this
Agreement shall be subject to mediation as a condition precedent to voluntary
arbitration or the institution of legal or equitable proceedings by either party.
2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and
other matters in question between them by mediation.
3. The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in Clermont, Lake County, Florida,unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
Agreements in any court having jurisdiction thereof.
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ARTICLE VII—INSURANCE AND INDEMNIFICATION RIDER
1. Worker's Compensation Insurance - The CONTRACTOR shall take out
and maintain during the life of this Agreement Worker's Compensation Insurance for all
his employees connected with the work of this Project and, in case any work is sublet, the
CONTRACTOR shall require the subcontractor similarly to provide Worker's
Compensation Insurance for all of the latter's employees unless such employees are
covered by the protection afforded by the CONTRACTOR. Such insurance shall comply
with the Florida Worker's Compensation Law. In case any class of employees engaged in
hazardous work under this Agreement at the site of the Project is not protected under the
Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance,
satisfactory to the CITY, for the protection of employees not otherwise protected.
Employers Liability insurance with the following minimum limits and coverage:
(a) Each Accident, $1,000,000
(b)Disease-Each Employee, $1,000,000
(c) Disease-Policy Limit, $1,000,000
2. CONTRACTOR's Public Liability and Property Damage Insurance - The
Contactor shall take out and maintain during the life of this Agreement Comprehensive
General Liability and Comprehensive Automobile Liability Insurance as shall protect it
from claims for damage for personal injury, including accidental death, as well as claims
for property damages which may arise from operating under this Agreement whether such
operations are by itself or by anyone directly or indirectly employed by it, and the amount
of such insurance shall be minimum limits as follows:
(a) CONSULTANT's Comprehensive General, $1,000,000 Each
($2,000,000 aggregate)
Liability Coverages, Bodily Injury Occurrence, & Property Damage
Combined Single Limit
(b) Automobile Liability Coverages, $1,000,000 Each
Bodily Injury&Property Damage Occurrence,
Combined Single Limit
(c) Medical Expense$5,000 any one person;
(d)Personal &Advertising Injury$1,000,000
(e) Excess Liability, Umbrella Form$1,000,000
Each Occurrence, Combined Single Limit
(f) Products-Completed Operations Aggregate$2,000,000
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
3. SubCONTRACTOR's Public Liability and Property Damage
Insurance-The CONTRACTOR shall require each of his subCONTRACTORs to procure
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and maintain during the life of this subcontract, insurance of the type specified above or
insure the activities of his subCONTRACTORs in his policy, as specified above.
4. Indemnification Rider
(a) To cover to the fullest extent permitted by law, the CONTRACTOR
shall indemnify and hold harmless the CITY and its agents and
employees from and against all claims, damages, losses and expenses,
including but not limited to attorney's fees, arising out of or resulting
from the performance of the Work, provided that any such claim,
damage, loss or expense (1) is attributable to bodily injury, sickness,
disease or death,or to injury to or destruction of tangible property(other
than the Work itself) , and (2) is caused in whole or in part by any
negligent act or omission of the CONTRACTOR, any
subCONTRACTOR, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right to obligation of indemnity which would otherwise
exist as to any party or person described in this Article.
(b) In any and all claims against the CITY or any of its agents or employees
by any employee of the CONTRACTOR, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable, the indemnification obligations under this
Paragraph shall not be limited in any way by any limitation on the
amount or type of damages, compensation or benefits payable by or for
the CONTRACTOR or any subcontractor under workers'or workmen's
compensation acts,disability benefit acts or other employee benefit acts.
(c) The CONTRACTOR hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the CITY for the
indemnification provided herein.
ARTICLE VIII—NOTICES
All notices shall be in writing and sent by United States mail, certified or registered, with
return receipt requested and postage prepaid,or by nationally recognized overnight courier
service to the address of the party set forth below. Any such notice shall be deemed given
when received by the party to whom it is intended.
CONTRACTOR: SiteSecure/Miller Electric Company.
2251 Rosselle St
Jacksonville,FL 32204
Attn: David Stallings,Vice President
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CITY: City of Clermont
Attn: Darren Gray, City Manager
685 W. Montrose Street
Clermont, FL 34711
ARTICLE IX—MISCELLANEOUS
1. Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any
provision of this Agreement, the prevailing party shall be entitled to recover such
sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal,
in addition to all other sums provided by law.
2. Waiver. The waiver by city of breach of any provision of this Agreement shall not
be construed or operate as a waiver of any subsequent breach of such provision or
of such provision itself and shall in no way affect the enforcement of any other
provisions of this Agreement.
3. Severability. If any provision of this Agreement or the application thereof to any
person or circumstance is to any extent invalid or unenforceable, such provision,or
part thereof, shall be deleted or modified in such a manner as to make the
Agreement valid and enforceable under applicable law, the remainder of this
Agreement and the application of such a provision to other persons or
circumstances shall be unaffected, and this Agreement shall be valid and
enforceable to the fullest extent permitted by applicable law.
4. Amendment. Except for as otherwise provided herein, this Agreement may not be
modified or amended except by an Agreement in writing signed by both parties.
5. Entire Agreement. This Agreement including the documents incorporated by
reference contains the entire understanding of the parties hereto and supersedes all
prior and contemporaneous Agreements between the parties with respect to the
performance of services by CONTRACTOR.
6. Assignment. Except in the event of merger, consolidation, or other change of
control pursuant to the sale of all or substantially all of either party's assets, this
Agreement is personal to the parties hereto and may not be assigned by
CONTRACTOR, in whole or in part, without the prior written consent of city.
7. Venue. The parties agree that the sole and exclusive venue for any cause of action
arising out of this Agreement shall be Lake County, Florida.
8. Applicable Law. This Agreement and any amendments hereto are executed and
delivered in the State of Florida and shall be governed, interpreted, construed and
enforced in accordance with the laws of the State of Florida.
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9. Public Records. Contractor expressly understands records associated with this
project are public records and agrees to comply with Florida's Public Records law,
to include, to:
(a) Keep and maintain public records that ordinarily and necessarily would be
required by the CITY in order to perform the services contemplated herein.
(b) Provide the public with access to public records on the same terms and
conditions that the CITY would provide the records and at a cost that does
not exceed the cost provided in this Florida's Public Records law 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.
(d) Meet all requirements for retaining public records and transfer, at no cost,
to the CITY all public records in possession of CONTRACTOR upon
termination of the contract and destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. CONTRACTOR shall use reasonable efforts to provide all
records stored electronically to the CITY in a format that is compatible with
the information technology systems of the CITY.
(e) IF CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTRACTOR SHALL
CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT
CITY CLERK'S OFFICE, (352) 241-7331.
ARTICLE X—AGREEMENT DOCUMENTS
The Agreement Documents, as listed below are herein made fully a part of this Agreement
as if herein repeated.
Document Precedence:
1. This Agreement
2. Purchase Order/Notice to Proceed
3. All documents contained in Osceola County B.C.C. Contract/Bid No. RFP-16-
4469-TP.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this,2,( dday of A..)-5(..11- ,2018.
Cit of Cl .• � ont
AD. 7n ii.\'City anager
Attest:
Tracy Ackroyd owe, City Clerk
SiteSecure/Miller Electric Company.
By:
(Name Printed or Typed)
Title
Attes�
f
/,
4)3i�rate S- tary
•
!me Printed or Typed)
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EXHIBIT A
OSCEOLA COUNTY BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
•
AGENCY: INFORMATION TECHNOLOGY MEETING DATE: 4/11/2016
DIV•IsION/OFFICE: COUNTY ADMINISTRATION MEETING TYPE: BCC REGULAR
•
DIRECTOR/MANAGER: RICHARD VAN NATTA REQUEST TYPE: CONSENT
AGENDA REQUEST
Approval and authorization for the.Chairwoman/Vice Chairwoman to sign a service agreement with Miller
Electric Company of Jacksonville,Florida,for the award to provide video surveillance and access control
:repairs,maintenance,upgrades:and new.installation Countywide on an as needed basis for the period
'beginning April 19,2016,and continuing-through April 18, 2019(RFP#.16-4469-TP);estimated expenditures
shall,not exceed$1,800,000.
STRATEGIC PLAN GOAL
#4. Ensure Cost-Effective and High-Performing County Government
STRATEGIC PLAN ACTION ITEM
FINANCIAL INFORMATION
• TOTAL REQUESTED AMOUNT:$1,800,000
Fund's.are appropriated in various department budgets countywide for this purpose. Verification of fund
'availability will be confirmed prior to the:placement of the order with the supplier, This is a multi-year
agreement.
Appropriations beyond Fiscal Year 2016 are subject to future Board approval.
APPROVING DEPARTMENTS
OMB Amanda Clavijo
_ _ u.v _ . _ ._ _ _
BACKGROUND INFORMATION
• This agreement provides for repairs,maintenance,upgrades and new installations to the County's video surveillance and
physical access control security systems at various County facilities including but not limited to Corrections,County Courthouse
Complex,County warehouse storage,facilities,Emergency Operations Center, Fire Stations,Libraries,and Osceola Heritage Park.
• This will provide for needed.improvements and enhancements to existing systems,as well as greater standardization of the
access control systems in use throughout the County,thereby reducing the cost of maintaining and administering aging and
disparate systems,while also increasing interoperability and overall security of the County's facilities.
• For FY 2016 the estimated expenditures are$435,000 for services at the County Administration Building,Corrections,
County Courthouse, Fire Logistics Warehouse,and Parking Garage.
• Annual maintenance:is approximately•$240,000 and is included in the total contract value.
In addition to the FY1'6projects and ongoing annual maintenance,the contract allows for additional projects at various
County facilities including.Corrections,the Government Center and Heritage Park. All anticipated projects are designed to improve
security and create greater standardization and efficiencies.
• All futurc projects are subject>to the Board's appropriation and approval.
� Approval and execution of this agreement does not mean all of the requested contract authorization will be spent.
A solicitation was issued on November 1,2015 with a due date of December 1,2015.
• The project was advertised in the legal notices section of the Orlando Sentinel on November 1,2015,and in the Osceola
News Gaiette on November 5,2015.
• This project was uploaded for broadcast into the Osceola County VendorLink bid notification system from which a total of
1,555 notifications were sent,resulting in a,total of 58 plan holders downloading the solicitation documents.
• The legal advertising and the uploading into VendorLink resulted in a total of 1 responses received by the due date and
time,with no submittals from Osceola County vendors.
• On January 8,2016,the Evaluation Committee(EC)met and discussed the proposal. The EC reached a consensus and
they.determined that the response received from Miller Electric Company of Jacksonville, Florida was both a responsive and
responsible proposal that met the services required by the County.
• On October 1,2014,SiteSecure, LLC was fully acquired by Miller Electric Company and now operates under the Miller
Electric Company organization.
• The Project Manager for this agreement is David Owens.
• Staff recommends approval and award.
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AGREEMENT
THIS AGREEMENT, is made by and between. OSCEOLA COUNTY, a political
subdivision of the State of.Florida, .1 Courthouse Square, Kissimmee, Florida 34741,hereinafter
referred•to as'the "COUNTY", and Miller Electric Company, 2251 Rosselle Street, Jacksonville,
Florida 32204,hereinafter referred to as the"CONTRACTOR".
WITNESSETH:
WHEREAS,the COUNTY has competitively solicited for Video Surveillance and Access
Control Repair,Maintenance,Upgrades and New Installation,pursuant to RFP-16-4469-TP; and
WHEREAS,the CONTRACTOR has exhibited by its response to the solicitation that it is
capable of providing the required services; and
WHEREAS,the parties hereto have agreed to the terms and conditions cited herein based
on said solicitation.
NOW, THEREFORE, inconsideration of the mutual covenants, terms, and provisions
contained herein,the parties agree as follows:
SECTION 1. TERM.
The term of this Agreement shall begin on April 19,2016 and continue through April 18,
2019, andmay be extended when in the best interest of the County:
SECTION 2. SCOPE OF SERVICES.
The CONTRACTOR will furnish and install all necessary labor,materials, and equipment
to complete the services set forth in Exhibit"A"which is attached hereto and incorporated herein.
SECTION 3. OBLIGATIONS OF THE CONTRACTOR.
Obligations of the CONTRACTOR shall include,but not be limited to,the following:
A. It is understood that the CONTRACTOR shall provide and pay for all labor,tools,
materials, permits, equipment, transportation, supervision, and any and all other
items or services, of any type whatsoever, which are necessary to fully complete
and deliver the services requested by the COUNTY,and shall not have the authority
to create,or cause to be filed,any liens for labor and/or materials on,or against,the
COUNTY, or any property owned by the COUNTY. Such lien, attachment, or
encumbrance, until it is removed,shall preclude any and all claims or demands for
any payment expected by virtue of this Agreement.
B. The CONTRACTOR will ensure that all of its employees,agents, sub-contractors,
representatives, volunteers, and the like, fully comply with all of the terms and
conditions set herein, when providing services for the COUNTY in accordance
herewith.
C. The CONTRACTOR shall be solely responsible for the means, methods,
techniques,sequences, safety programs, and procedures necessary to properly and
fully complete the work set forth in the Scope of Services.
D. The CONTRACTOR will maintain an adequate and competent staff, and remain
authorized to do business within the State of Florida. The CONTRACTOR may
subcontract the services requested by the COUNTY;however,the CONTRACTOR
is fully responsible for the satisfactory completion of all subcontracted work.
SECTION 4. STANDARD OF CARE.
A. The CONTRACTOR has represented to the COUNTY that it possesses a level of
knowledge, experience, and expertise that is commensurate with firms in the areas
of practice required for the services to be provided. By executing this Agreement,
the CONTRACTOR agrees that the CONTRACTOR.will exercise that degree of
care, knowledge; skill, and ability as any other similarly situated contractor
possessing the degree of skill, knowledge, experience, and expertise within the
local area, working on similar activities. The CONTRACTOR shall perform the
services requested in an efficient manner, consistent with the COUNTY's stated
scope of services and industry standards.
B. The CONTRACTOR covenants and agrees that it and its employees, agents, sub-
contractors, representatives, volunteers, and the like, shall be bound by the same
standards of conduct as stated above.
SECTION 5. COMPENSATION.
• A. The amountto be,paid under this Agreement for services rendered will not exceed
One Million Eight Hundred Thousand and 00/100 Dollars($1,800,000.00) for the
term of this Agreement,in accordance with the pricing schedule set:forth in Exhibit
"B" which is attached hereto and made a binding part hereof.
B. Compensation for services completed by the CONTRACTOR will be paid in
accordance with section 218.70, Florida Statutes, Florida's Prompt Payment Act.
C. Services to be performed in accordance with this Agreement are subject to the
annual appropriation of funds by the COUNTY. In its sole discretion, the
COUNTY reserves the right to forego use of the CONTRACTOR for any project
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which may fall within the Scope of Services listed herein. In the event the
COUNTY is'not satisfied with the services provided by the CONTRACTOR, the
COUNTY will hold any amounts due until such time as the CONTRACTOR has
appropriately addressed the problem.
SECTION 6. TERMINATION.
Either party may terminate this Agreement, with or without cause, given sixty (60) days
written notice to the other party.
SECTION 7. PAYMENT WHEN SERVICES ARE TERMINATED.
A. In the event of termination of this Agreement by the COUNTY, and not due to the
fault of the_CONTRACTOR,the COUNTY shall compensate the CONTRACTOR
for all services performed prior to the effective date of termination.
13. In the event of termination of this Agreement due to the fault of the
CONTRACTOR,or at the written request of the CONTRACTOR, the COUNTY
shall compensate the CONTRACTOR for all services completed, prior to the
effective date of termination,which have resulted in a usable product,or otherwise
tangible benefit to the COUNTY. All such payments shall be subject to an off-set
for any damages incurred by the COUNTY resulting from any delay occasioned by
early termination. This provision shall in no way be construed as the sole remedy
available to the COUNTY in the event of breach by the CONTRACTOR.
SECTION 8. INSURANCE.
A. The CONTRACTOR shall maintain the following types of insurance, with the
respective limits,and shall provide proof of same to the COUNTY,in the form of a
Certificate of Insurance prior to the start of any work hereunder:
I. AUTOMOBILE LIABILITY: One Million Dollars ($1,000,000.00)
• Combined Single Limit,All Automobiles;
2. GENERAL :LIABILITY: One Million Dollars ($1,000,000.00) each
occurrence;
a. Damage to Rented Premises—Fifty Thousand Dollars ($50,000) any
single occurrence;
b. Medical Expense—Five Thousand Dollars($5,000)Any one person;
c. Personal&Advertising Injury—One Million Dollars($1,000,000)
3. GENERAL AGGREGATE: One Million Dollars ($1,000,000.00);
4. EXCESS/UMBRELLA COVERAGE: One Million Dollars
($1,000,000.00);
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5. PRODUCTS — COMPLETED OPERATIONS AGGREGATE: Two
Million Dollars($2,000,000.00);and,
6. WORKERS' COMPENSATION: Employers' liability insurance which
covers the statutory obligation for all persons.engaged in the performance
of the work'required hereunder with limits not less than $1,000,000.00 per
occurrence. Evidence of qualified self-insurance status will suffice for this
subsection. The CONTRACTOR understands and acknowledges that it
shall be solely responsible for any and all medical and liability costs
associated with an injury to itself and/or to its employees, sub-contractors,
volunteers, and the like, including the costs to defend the COUNTY in the
event of litigation against same.
B. The CONTRACTOR shall name the "Osceola County Board of County
Commissioners"as a certificate holder and/or as additional insured,to the extent of
the services to be provided hereunder, on all required insurance policies, and
provide the COUNTY with proof of same.
C. The CONTRACTOR shall provide the COUNTY's Procurement Services with a
Certificate of Insurance evidencing such coverage for the duration of this
Agreement. Said Certificate of Insurance shall be dated and show:
1. The name of the insured CONTRACTOR,
2. The specified job by, name and job number,
3. The name of the insurer,
4. The number of the policy,
5. The effective•date,
6. The termination date,
7. A statement that the insurer will mail notice to the COUNTY at least thirty
(30).days prior to any material changes in the provisions or cancellation of
the policy.
D. Receipt of certificates or other documentation of insurance or policies or copies of
policies by the COUNTY, or by any of its representatives, which indicates less•
coverage than is required, does not constitute a waiver of the CONTRACTOR's
obligation to fulfill the insurance requirements specified herein.
E. The CONTRACTOR shall ensure that any sub-contractor(s),hired to perform any
of the duties contained in the Scope of Services of this Agreement, maintain the
same insurance requirements set forth herein. Inaddition, the CONTRACTOR
shall maintain proof of same on file and made readily available upon request by the
COUNTY.
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SECTION 9. COUNTY OBLIGATIONS.
At the CONTRACTOR's.request,the COUNTY agrees to provide,at no cost,all pertinent
information known to be available to the COUNTY to assist the CONTRACTOR in providing and
performing the required services.
SECTION 10. ENTIRE AGREEMENT.
This Agreement, including referenced exhibits and attachments hereto, constitutes the
entire agreement between the parties and shall supersede, replace and nullify any and all prior
agreements or understandings,written or oral,relating to the matters'set forth herein,and any such
prior agreements or understandings shall have no force or effect whatsoever on this Agreement.
SECTION 11. APPLICABLE LAW, VENUE,JURY TRIAL.
The laws of the State of Florida shall govern all aspects of this Agreement. In the event it
is necessary for either party to initiate legal action regarding this Agreement, venue shall lie in
Osceola County, Florida. The parties hereby waive their right to trial by jury in any action,
proceeding or claim,arising out of this Agreement,which may be brought by either of the parties
hereto.
SECTION 12. PUBLIC RECORDS. •
The CONTRACTOR'understands that by virtue of this Agreement all of its documents,
records and materials of anykind,relating to the relationship created hereby, shall be open to the
public for inspection in accordance with Florida law. If.CONTRACTOR will act on behalf of the
COUNTY, as provided "under section 119.011(2), Florida Statutes, the CONTRACTOR, subject
to the terms of section 287.058(1)(c),Florida Statutes,and any other applicable legal and equitable
remedies, shall:
A. Keep.and maintain public records that ordinarily and necessarily would be required
by the COUNTY in order to perform the service;and
B. Provide the public.with access to public records on the same terms and conditions
that the COUNTY would provide the records and at a cost that does not exceed the
cost provided by Florida law; and
C. Ensure thatpublic records that are exempt or confidential and exempt from public
records.disclosurerequirements are not disclosed except as authorized by law; and
D. Meet all requirements for retaining public records and transfer, at no cost, to the
COUNTY all public.records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential
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and exempt from public records disclosure requirement. All records stored
electronicaily;must be provided to the COUNTY in a format thatis compatible with
the information technology systems of the county.
E. If the. CONTRACTOR does not comply with a public records request, the
COUNTY shall enforce the contract provisions in accordance with the contract.
SECTION 13. INDEPENDENT CONTRACTOR.
This Agreement does not create an employee/employer relationship between the parties. It
is the parties' intention that the CONTRACTOR, its employees, sub-contractors, representatives,
volunteers, and the like, will be an independent contractor and notan employee of the COUNTY
for all purposes, including, but not limited to, the application of the following, as amended: the
Fair Labor Standards Act minimum wage and overtime payments, the Federal Insurance
Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of
the Internal Revenue Code, the State of Florida revenue and taxation laws, the State of Florida
workers' compensation laws, the State of Florida unemployment insurance laws, and the Florida
Retirement System benefits. The CONTRACTOR will retain sole and absolute discretion in the
judgment of the manner and means of carrying out the CONTRACTOR's activities and
responsibilities hereunder.
SECTION 14. APPLICABLE LICENSING.
The CONTRACTOR, at its sole expense, shall obtain all required federal, state,and local
licenses,occupational and otherwise,required to successfully provide the services set forth herein.
SECTION 15. COMPLIANCE WITH ALL LAWS.
The CONTRACTOR, at its sole expense, shall comply with all laws, ordinances,judicial
decisions, orders, and regulations of federal, state,county, and municipal governments, as well as
their respective departments,commissions,boards,and officers,which are in effect at the time of
execution of this Agreement:or are adopted at any time following the execution of this Agreement.
SECTION 16. INDEMNIFICATION.
The CONTRACTOR agrees to be liable for any and all damages, losses, and expenses
incurred,by the.COUNTY,caused by the acts and/or omissions of the CONTRACTOR,or any of
its employees, agents, sub-contractors, representatives, volunteers, or the like. The
CONTRACTOR agrees to indemnify, defend and hold the COUNTY harmless for any and all
claims,suits,judgments or damages, losses and expenses,including but not limited to,court costs,
expert witnesses, consultation services and attorney's fees, arising from any and all acts and/or
omissions of the CONTRACTOR, or any of its employees, agents, sub-contractors, .
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representatives,volunteers,.'or the like. Said indemnification, defense, and hold harmless actions
shall not be limited by any insurance amounts required hereunder.
SECTION 17. SOVEREIGN IMMUNITY.
The COUNTY expresslyretains all rights,benefits and immunities of sovereign immunity
in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any
section, article or paragraph,of this:Agreement to the contrary,nothing in this Agreement shall be
deemed as a waiver of sovereign immunity or limits of liability which may have been adopted by
the Florida Legislature or maybe adopted by the Florida Legislature, and the cap on the amount
and liability of COUNTY for damages,attorney fees and costs,regardless of the number or nature
of claims in tort, equity or contract, shall not exceed the dollar amount set by the Florida
Legislature for tort. Nothing in this.Agreement shall inure to the benefit of any third party for the
purpose of allowing any claim against the COUNTY which would otherwise be barred under the
Doctrine of Sovereign Immunity or operation of law.
SECTION 18. BANKRUPTCY OR INSOLVENCY.
If the CONTRACTOR shall,f le a Petition in Bankruptcy; or'if the same shall be adjudged
bankrupt or'insolvent by any Court, or if a receiver of the property of the CONTRACTOR shall
be appointed in any proceeding brought by or against the. CONTRACTOR, or if the
CONTRACTOR shall make an assignment for the benefit of'creditors, or proceedings shall be
commenced on or against the CONTRACTOR's operations of,the premises, the COUNTY may
terminate this Agreement immediately notwithstanding the notice requirements of Section 6
hereof.
SECTION 19. BINDING EFFECT.
This Agreement`shall be binding upon and ensure to the benefit of the parties hereto,their
heirs,personal representatives,successors,and/or assigns.
SECTION 20. ,ASSIGNMENT.
This Agreement shall only:be assignable by the CONTRACTOR.upon the express written
consent of the COUNTY.
SECTION 21. SEVERABILITY.
All clauses found herein shall act independently of each other. If a clause is found to be
illegal or unenforceable, it,shall have no effect on any other provision of this Agreement. It is
understood by the parties hereto that if any part, term, or provision of this Agreement is by the
courts held to be illegal orr in conflict with any law of the State of Florida or the United States,the
validity of the remaining portions or provisions shall not be affected,and.the rights and obligations
7 Rev 12/15
of the parties shall be construed and enforced as if the Agreement did.not contain the particular
part,term,or provision held to be invalid.
SECTION 22. WAIVER.
Failure of the parties to insist upon strict performance of any of the covenants, terms,
provisions, or conditions of this.Agreement, or to exercise any right or option herein contained,
shall not be construed as a waiver or a relinquishment for the future of any such covenant, term,
provision, condition, or right of election,but same shall remain in full force and effect.
SECTION 23. NOTICE.
The parties heretoagree and understand that written notice, mailed or delivered to the last
known mailing address, shall constitute sufficient notice to the COUNTY and the
CONTRACTOR. All notices required and/or made pursuant to'this Agreement to be given to the
COUNTY and the CONTRACTOR shall be in writing and given by way of the United States
Postal Service, first class mail,postage prepaid, addressed to the following addresses of record:
COUNTY: Osceola County
Attention: Procurement.Services
1 Courthouse Square, Suite 2300
Kissimmee, Florida 34741
CONTRACTOR: Miller Electric Company
2251 Rosselle Street
Jacksonville,Florida 32204
SECTION 24. MODIFICATION.
The covenants, terms, and provisions of this Agreement may be modified by way of a
Written.instrument, mutually accepted by the parties hereto. In the event of a conflict between the
covenants,terms, and/or provisions of this Agreement and any written Amendment(s)hereto,the
provisions of the.latest executed•insirument shall take precedence.
SECTION 25. HEADINGS.
All headings Of the sections,exhibits,and attachments contained in this Agreement are for
the purpose of convenience only and shall not be deemed to expand,limit or change the provisions
contained in such.sections,exhibits, and attachments.
SECTION 26. ADMINISTRATIVE PROVISIONS.
In the event the COUNTY issues a purchase order, memorandum, letter, or any other
instrument addressing the services,work, and materials to be provided and performed pursuant to
8 Rev 17115
this Agreement, it is hereby,specifically agreed and understood 'that any such. purchase order,
memorandum,letter,or other=instrument.is for the COUNTY's.internal'purposes'only,and any and
all terms,provisions,and conditions contained therein,whether printed or written, shall in no way
modify the covenants, terms,'and provisions of this Agreement and shall have no force or effect
thereon.
SECTION 27. CONFLICT OF INTEREST.
The CONTRACTOR warrants that the CONTRACTOR has not employed or retained any
company or person, other thana bona fide employee working solely for the CONTRACTOR, to
solicit or secure this Agreement, and that the CONTRACTOR has not paid or agreed to pay any
person, company, corporation, individual, or firm any fee, commission, percentage, gift, or any
other consideration, contingent upon'or resulting from the awardor making of this Agreement.
For the breach or violation ofthis Paragraph, the COUNTY shall have the right to terminate this
Agreement immediately,without liability and without regard to the notice requirements of Section
6 hereof.
SECTION 28. PUBLIC.ENTITY CRIMES.
As required by section 287.133, Florida Statutes, the CONTRACTOR warrants that it is
not on the convicted contractor list for a public entity crime committed within the past thirty six
(36) months. The CONTRACTOR further warrants that it will neither utilize the services of, nor
contract with, any supplier, sub-contractor, or consultant in connection with this Agreement for a
period of thirty six (36).months from the date of being placedon the convicted contractor list.
SECTION 29. EMPLOYMENT ELIGIBILITY VERIFICATION(E-VERIFY)
In accordance with State of Florida, Office of the Governor, Executive Order 11-116
(superseding Executive Order 11-02; Verification of Employment Status), in the event
performance of this Agreement is or will be funded using state or federal funds, the
CONTRACTOR.must comply with the Employment Eligibility Verification Program ("E-Verify
Program")developed by the'federal government to verify the eligibility of individuals to work in
• the United States and,48 'CFR 52.222-54 (as amended) is incorporated.herein by reference. If
applicable, in accordance with Subpart 22.18 of the Federal Acquisition Register, the
CONTRACTOR.. must (1) enroll in the E-Verify Program, '(2) use E-Verify to verify the
employment eljgibili y offaltnew hires working in the United States,except if theCONTRACTOR
is'a state-or local government,the CONTRACTOR may choose to verify only new hires assigned
to the Agreement;(3)use.E-Verify to verify the employment..eligibility of all,employees'assigned
to the Agreement; and.(4) include.these requirement in certain subcontract, such as construction.
Information on registration.for and.use of the E-Verify Program can be Obtained via the internet at
the Department of Homeland Security Web site: http://www.dhs.govIE-Verify.
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SECTION.30. JOINT AUTHORSHIP.
This Agreement shall be construed as resulting from joint negotiation and authorship. No
part of this Agreement shall be construed as the product of any one of the parties hereto.
SECTION 31. EQUAL OPPORTUNITY EMPLOYER.
The CONTRACTOR is;an Equal Opportunity Employer and will comply with all equal
opportunity employment:laws.. The CONTRACTOR will fiuther'ensure that all sub-contractors it
utilizes in providing the services required hereunder will comply with all equal opportunity
employment laws.
SECTION 32. AUDITING,RECORDS,AND INSPECTION.
In the performance of this Agreement,the CONTRACTOR shall keep books,records,and
accounts of all activities; related to the Agreement, in compliance with generally accepted
accounting procedures. Throughout the term of this Agreement, books, records, and accounts
related to the performance of.this.Agreement shall be open to inspection during regular business
hours by an authorized. representative of the COUNTY, and: shall be retained by the
CONTRACTOR for a period of three.years after terminationor.completion of the Agreement, or
until the full County audit is complete,whichever comes first. The COUNTY shall retain the right
to audit the books duringthethree-year retention period. All books,records,and accounts related
to the performanceof this Agreement shall be subject to the applicable provisions of the Florida
Public Records Act, chapter 119,Florida Statutes. The COUNTY also has the right to conduct an
audit within sixty (60) days from,the effective date of this Agreement to determine whether the
CONTRACTOR has the ability to fulfill its contractual obligations. to the satisfaction of the
COUNTY. The COUNTY has.the right to terminate this Agreement based upon its findings in
this audit without regard to the termination provision set forth herein.
SECTION 33. PROJECT MANAGERS.
The COUNTY and the CONTRACTOR have identified individuals as Project Managers,
listed,below, who. shall 'have the responsibility for managing the work performed under this
Agreement: The person or individual identified by the CONTRACTOR to serve as its Project
Manager for this.Agreement, or any replacement thereof, is subject to prior written approval and
acceptance of the COUNTY. If the COUNTY or CONTRACTOR replace their current Project
Manager with another individual, an amendment to this agreement shall not be. required. The
COUNTY will notify the.CONTRACTOR, in writing, if the current COUNTY Project Manager
is replaced by another individual.
A. The COUNTY Project Manager's contact information is as follows:
10 Rev 12/15
David Owens; Assistant Information Technology Director
Osceola County Information Technology
1 Courthouse Square, Suite 2200
Kissimmee,Florida 34741
Telephone; 407-742-2900
Email: david:owens@osceola.org
B. The CONTRACTOR Project Manager's contact information is as follows:
Melissa Haynie,Project Manager
Miller.Electric Company
317"Northlake Boulevard, Suite 1020
Altamonte.Springs, Florida 32701
Telephone: 407-328-5220
Email:. mhaynie@sitesecure.com
SECTION 34. PUBLIC EMERGENCIES.
• It is hereby made a,partof this Agreement that before,during;and:after a public emergency,
disaster, hurricane, tornado, (flood; or other acts of God, Osceola.County shall require a "First
Priority" for goods and services. It:is vital and imperative that thehealth, safety, and welfare of
the citizens of Osceola County are protected from any emergency:situation that threatens public
health and safety as determined by the COUNTY. The CONTRACTOR agrees to rent/sell/lease
all goods and services to.the COUNTY or governmental.entities on a"first priority" basis. The
COUNTY expects to pay contractual prices for all products and/or.services under this Agreement
• in the event of a disaster,emergency; hurricane, tornado, flood, or other acts of God. Should the
CONTRACTOR provide the COUNTY with products and/or services not under this Agreement,
the COUNTY expects to pay a fair and reasonable price for all products and/or services rendered
or contracted in the event ofa disaster•,emergency,hurricane,tornado,flood,or other acts of God.
SIGNATURE PAGE TO FOLLOW
•
•
11 Rev 12/15
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives,
have executed this Agreement effective the v 'day of_ - , 2016.
BOARD OF COUNTY COMMISSIONERS
OF OSCEOLA OUNTY,FLORIDA
By: ..a/414k-C)
Chairworw
• ATTEST: ��
OSCEOLA COUNTY CLERK OF THE BOARD B .� :a--u�-9.
_,
Clerk!Deputy Clerk of the Board
As authorized for execution at the Board of
County Commissioners meeting of:
MILLER ELECTRIC COMPANY
By: �--- -1
li:Print: o�.k.),) 1....Si l h�S
Title: \I C.L Pr e s o cQswz
STATE OF FLORIDA ' r
COUNTY OF S ft 1'I NO L
The foregoing instrument was executed before me thisJ-1•41.1 day of 01,l
2016, by�J Id jam. gran rtai as v1 ti.-PrtSi.d t.►± of Miller Electric
Company; who personally swore olaaffirmed that he/she is authorized to execute this Agreement
and thereby bind the .Corporation, and who is personally known to me OR has produced
as identification.
NOTARY UBLIC, State.of Florida
MOO Doak St*of Fbrida
(stamp) .
.Mp ffcc 1101 FF 174689
4Nib DOW ii28/2O18
12 Rev 12/15
•
Exhibit"A"
Scope of Services and Technical Requirements
A. Purpose:
1. It is the intent of Osceola County to contract with a qualified Contractor for the purpose
of awarding various maintenance, install, repair, refurbishment, construction and
equipment replacement'of physical security systems associated with Osceola County
• facilities.The successful bidder shall furnish all parts,materials,equipment, labor and
supervisionas necessary to calibrate, maintain, construct and install the assigned
repair,refurbishment and I or replacement of security systems. .
2. The successful bidder shall.supply technical andprogramm iing services for the purpose
of maintaining and optimizing various security databases and systems within Osceola •
County facilities.
B. Special Conditions:
1. All bidders shall be required to submit proof of current licenses or certifications as
required below:
a. The Contractor,shall be an,authorized Genetec Unified-Elite partner.
b. The Contractor shall be a Florida Certified Electrical Contractor (Electrical Fire,
EF or Electrical.Contractor,EC Minimum).
c. The Contractor shall be a Florida Certified General.Contractor (GC) and have a
minimum of 5 years' experience in performin :physical security improvements to
structures,walls, fences,and other apparatuses needed to secure facilities.
d. The Contractor shall maintain, on staff,a minimum of one!employee that is BISCI
Registered Communications Distribution Designer (RCDD), or Axis Certified
Professional.
e. The Contractor shall maintain, on staff, a minimum of one employee that is
Genetec Certified.
f. The Contractor shall maintain, on staff, or utilize, a Cisco CCNP Certified
professional when interacting with the security,communications network.
g. The'Contractor shall utilize"like-for-like"parts for all existingsystems which may
affect the security communications network.
. h. ;For all new systems and system enhancements, all parts shall be new (non-
refurbished). For all network switches, all items must be supplied by a Cisco
certified reseller.
2. All bidders shall submit references for the following:
a. The Contractor must have completed the installation of a minimum of one (1)
Genetec digital video surveillance system within the last two(2)years. Contractor
:must.show four(4)years of experience in.the maintenance of Genetec digital video
surveillance systems:
b. References shall include the name and locations of projects,contact person name,
title and telephone number.
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C. Response Time:
1. For all Contractor installed systems the Contractor must maintain an inventory of
commonly used or restricted availability parts and provide delivery within two (2)
hours for inoperable systems.or within 5 business daysfor non-emergency needs.Any
exceptions must be approved and agreed upon with the County.
2. For all non-Contractor installed systems the Contractor must provide evidence of part
order placement and an.ETA on delivery of the parts within.forty-eight(48)hours after
receiving the:Purchase Order. After delivery of parts, installation must be completed
within two (2) 'hours for inoperable systems or within 5 business days for non-
emergency needs:
3. The Contractor must ,provide service twenty-four (24) hours per day, including
weekends and holidays.The Contractor must be able to respond with a knowledgeable
trained technician to Osceola County sites within two (2) hours of notification for
critical emergency service and within two (2) business days of notification for non-
critical non-emergency service.
4. The Contractor shall provide the services of a professional answering service or
dispatcher service for non-normal business hours contact.
D. Project Assignment and:Pricing:
For each project,the Contractor shall submit a complete written estimate prior to initiation
of any work. The project requestor shall evaluate the estimates and, if found acceptable,
shall provide written authorization in the form of a Purchase Order prior to the Contractor
proceeding with the work.The County shall not honor any unauthorized charges.
E. Sub-Contractors,Permits:and Parts:
1. Sub-contractors shall only be utilized after receiving'written approval by the County.
Charges for sub-contractors shall be marked-up per the bid:schedule(to be included in
the bid) and the Contractor shall be required to provide supporting documentation of
sub-contractors charges.
2. The Contractor.shall be responsible to apply for and obtain all permits required to
complete the assigned projects. Charges for permitsfees shall not be marked up and
the Contractor shall provide supporting documentation of all permit fee charges.
3. All parts necessary to.complete the assigned projects shall be marked up at rate no
greaterthan'the maximum mark up as shown on the bid schedule form(to be included
in the bid),No additional delivery costs will be paid. The Contractor will be required
to provide supporting.documentation of actual parts costs for every invoice submitted.
F. Scope of Work:
1. Repairs / Corrective Maintenance: In the event of equipment failure, the Contractor
will provide the supervision, labor, and equipment necessary to return the affected
system(s) to normal operation. The Contractor will also provide the necessary
replacement materials and parts.The Contractor is expected to respond 24 hours a day,
14 Rev 12/15
seven days a week,and to be on-site with a trained technician within two(2)hours after
being notified of emergency need or within two (2)business days for non-emergency
needs in accordance with the terms of this Contract.
2. Preventive Maintenance: The Contractor will perform inspections, cleaning,
performance checks, and consumable replenishment or replacement, and system
calibrations. The.Contractor will provide a breakdown of recommended preventive
maintenance activities and schedule for Osceola County approval.
3. Renewal and Replacement: If'as a result of either corrective or preventive maintenance
• the Contractor discovers deficiencies, and the correction or resolution of such
deficiencies requires a level of effort or expenditure beyond the tasks specified and
authorized in the Purchase Order Form, the Contractor shall submit to the County a
proposal for the:additional work necessary.
4. Provision of Material and Parts: The Contractor is expected to provide the necessary
material's and replacement parts for both corrective and preventive maintenance.
Osceola County may at its option provide parts and consumables from its own
inventory for Contractor installation.
5. Asset Inventory and.Database: The Contractor will create and maintain, in a format
acceptable to Osceola County, a database of all equipment(including recommended
spare parts) covered by this Contract. Definitions, identification conventions, and an
initial list of security system components will be provided to Osceola County; the
Contractor will verify all asset data provided to Osceola County and confirm its
accuracy.The•Contractor is also expected to add to;delete from,or modify any security
system asset data:provided by Osceola County. All replaced equipment will be entered
into the database. The database will remain the property of Osceola County.
6. The Contractor shall assistin design, document review, construct, furnish and install
all security control' and associated equipment as specified to perform the intended
function on an:as-required basis. Work shall include the following: all labor,materials
and equipmentto,complete•the specifications;manufacturing and factory tests;delivery
to the site;programming; interfacing with all existing alarm,access control,video and
security systems;: calibration; installation; system start-up services; training; and
incidentals required to completely furnish and install security equipment at Osceola
County facilities as designated.
7. The Contractor, shall supply technical and programming services as required to
troubleshoot,and optimize Osceola County's existing alarm,:access control, and video
surveillance systems. These services shall be charged on an hourly basis per the bid
schedule.
8. The Contractor shall provide detailed documentation and diagrams to the County when
installing a new system or significantly altering an existing one. The documentation
requirements.will be agreed upon with the County per project.
9. Programming services shall include alarm, access control, and video surveillance
equipment and systems programming, software maintenance and data backups. The
hourly rates for these services shall include all application and documentation files
being supplied 'to Osceola County on electronic media. All Contractor supplied
15 Rev 12/15
programming services,and applications turned over to or installed in Osceola County
systems shall become property of Osceola County.
10. The Contractor shall provide technical support such as cost estimates, recommend
actions of repair versus replacement, life expectancy, and maintenance
recommendations at noadditional costs to the County.
11. The Contractor shall supply'24x7x365 technical telephonesupport services as required.
At the start of each telephone support session, the Contractor shall assign a "Case
Number"and log the start time and completion time.
12. The Contractor shall.provide Vulnerability Assessments on new and existing facilities
per Homeland Security and EPA Guidelines. These services shall be provided as
Security Consultant Services.
G. -Quantities:
The estimated quantities are given only as a guideline for preparing,the bid and should not
be construed.as'representing actual quantities to be purchased under this contract. The
County makes no covenant or promise as to the number of available projects, or quantity
of hours,or amount1of work that the Contractor will perform on any project for the County
during the life of this,Agreement.
H. Emeri encu Services:
1. Emergency Services are those services initiated during non-normal business hours
and/or requiring priority response.Emergency Service:shall be billed at the scheduled
hourly rates plus emergency service multiplier.Planned orscheduled work during non-
business hours shall not be considered emergency service and shall be invoiced at the
normal scheduled rates.
2. Normal Business Hours under this agreement are Monday through Friday, 0600
through 1800 hours,excluding published County holidays.
•
3. The Contractor shall maintain a 24 hour, 365 day answering service for incoming
service calls.All service calls shall be logged and the log shall be submitted to Osceola
County on a'monthly basis.
4. Repeated failure to meet established response times will be considered as grounds to
terminate'this agreement.
ObliEations-of the•Contractor:
During.the performance of work pursuant to this Contract,the Contractor will:
1. Provide Osceola County with a monthly schedule for all planned work,and reschedule
such work'when.notified.by Osceola County that the.work cannot be performed at that
time. The Contractor will not be'compensated if work cannot be performed due to
foreseeable circumstances.
2. Employ professional, qualified, and responsible service technicians to perform the
work. The Contractor is expected to employ service technicians trained in the
maintenance and installation of the specific types of equipment used in the Osceola
County video and.security systems.
16 Rev 12/15
3. Maintain a neat and clean workspace both during and after the performance of work.
All trash will be removed from the site and deposited as appropriate.Any fireproofing,
caulking or other materials that must be removed for the installation or performance
of maintenance will be re-installed or repaired as appropriate. Ensure that necessary
markings are installed where appropriate to identify new circuits,cables,or equipment
as applicable.
4. Observe all Osceola County site access and security procedures. As these procedures
are subject to change, .the Contractor is responsible for familiarizing the service
technicians with currentrequirements; violation of site'access and security procedures
is a serious breach of the terms of this Contract. Failure to personally and properly
notify Osceola County as•required is a violation of the:terms of this Contract.For each
on-site visitto an Osceola County facility the Contractor's service technicians will, at
a minimum:
a. Site visits mustbe coordinated inadvance with Countypersonnel.
b. Where relevant, upon. entry to a secured location, document the date, time of
arrival,name of all personnel, and reason for the visit into the facility's log book.
c. Document into,the facility's log book completion of the work prior to exiting the
facility and notify.Osceola County.
d. Upon request the contractor must present a Contractor photo ID badge and/or
Government:issued.Photo.
5. Maintain documentation of all work performed under:this.Contract on forms provided
or approved by Osceola County. All such documentation will become the property of
Osceola County upon termination of this Contract. Invoices submitted by the
Contractor will;not be,approved for payment unless written documentation of all work
for which the Contractor seeks payment are attached.At the minimum,documentation
will include:
• a. Contractor name,complete address,and contact information
b. Date,time,and;location of site visit
c. Reason for site visit
d. Brief description:of work performed or accomplished
e. Any observed deficiencies or operational issues and recommendations for
resolution
f. Required or recommended follow-up
g. Parts and/or consumables used
h. Labor hours
i. Participating Contractor personnel
j. OsceOla:County Purchase Order number
k. Approval by Contractor Operations Manager
All work performed will be certified as complete by the project requestor or delegated
evaluatorprior to payment of the invoice.
J. Warranty
All projects and work performed under this agreement shall have a minimum 24 month
parts and labor warranty. Should the manufacturer's warranties exceed 24 months, the
17 Rev 12/15
manufacturers' warranty shall prevail with only the Contractor's normal labor rates being
charged after the.initial 24 month period.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
•
•
18 Rev 12/15
EXHIBIT B
Exhibit "B"
Pricing Schedule
Parts.and Sub-Contractor Mark-up
Description % Mark-up (Maximum%)
All Materials and Parts Invoice plus 15
Sub-Contractors Invoice plus 15 %
Equipment Rentals Invoice plus 15 %
. Labor Hours Price Scheduler
Description Rate Units.
Project Management $ 125.00 Per Hour
Installation Technician $ 105.00 Per Hour
Installation Technician (Helper) $ 95.00 Per Hour
Application Engineer $ 115.00 Per Hour
Draftsman/CADD Technician $ 95.00 Per Hour
Clerical (O&M Documentation) $ 75.00 Per Hour
Other(Please explain) $ Per Hour
.•`• • Emergency Services Multiplier '' '
Emergency Services/Critical Response.Rate will be calculated at
value times the hourly rate for the necessary labor categories 1.5 times the hourly labor rate
I utilized.
19 Rev 11115