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Contract 2021-001ASECOND AMENDMENT TO STANDARD CONTRACT NO. C 18-32-06-HR BETWEEN THE CITY OF SUNRISE, FLORIDA AND REVERE CONTROL SYSTEMS, INC. This Second Amendment to Contract No. C 18-32-06-HR (hereinafter referred to as the "Second Amendment") between the City of Sunrise and Revere Control Systems, Inc. is made by and between the gity of Sunrise (City) and Revere Control Systems, Inc. ("Contractor") this �J 9fday of 2023. WHEREAS, a Contract was entered into between the parties effective May 1, 2019; and WHEREAS, a First Amendment to the Contract which added E-Verify Employment Eligibility, Section 33 which complies with Section 448.095, Florida Statutes, as may be amended and extended the Contract for an additional one (1) year period ("First Renewal Period"), was signed on and became effective on November 24, 2021; and WHEREAS, the parties agree that an amendment to the Contract is necessary to extend the Contract for an additional one (1) year period ("Second Renewal Period"); and WHEREAS, the Florida Legislature enacted Florida Statutes §286.101 regarding Foreign Gifts and Contracts which took effect July 1, 2021 and the parties desire to amend the Contract to incorporate the new language. NOW THEREFORE, in consideration of the mutual covenants and obligations created hereby, as well as other good and valuable considerations, the parties agree as follows: Recitals Incorporated. The foregoing recitals are incorporated by reference and made a part of this Second Amendment. 2. Amendment to Contract. Section 3, Initial Contract Period and Contract Renewal, paragraph No. 1 is hereby amended to add the following sentence after the second sentence of this paragraph: "The parties agree to extend the Contract for an additional one (1) year period, beginning May 1, 2023 and ending April 30, 2024, (Second Renewal Period) under the same terms conditions and specifications." 3. Amendment to Contract. Section 34 "Foreign Gifts and Contracts" is hereby added to the Contract with the following language: 34. FOREIGN GIFTS AND CONTRACTS City Initials ( 1 Consultant Initials NT Pursuant to Fla. Stat. §286.101(3), where the amount of the grant or contract is 100,000.00 or more, Contractor shall disclose any current or prior interest of, any contract with, or any grant or gift received from a country of foreign concern with a value of $50,000 or more that was received or in force during the previous five (5) years. Definitions, disclosure requirements and exceptions are found in Fla. Stat. §268.101. Contractor represents and warrants it has complied with Fla. Stat. §286.101, it has properly disclosed such interests, contracts, grants or gifts to City before execution of this Contract, and it will remain in compliance with Fla. Stat. §286.101 for the duration of this Contract 3. Conflicting Terms. In the event the terms of this Second Amendment conflict with those of the Contract or any prior amendments, the terms of this Second Amendment shall govern. All other terms of the Contract shall remain and continue in full force and effect. 4. Captions. The captions of this Second Amendment are for convenience only and are not to be construed as defining or limiting in any way the scope or intent of the provisions of this Second Amendment. 5. Effective Date. This Second Amendment shall be effective on the date this Second Amendment is fully executed. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK] i City Initials �?- 2 Consultant Initials WX IN WITNESS WHEREOF, the City and Consultant have caused this Second Amendment to the Contract to be executed effective as of the date indicated above. CITY OF, -SUNRISE Pct t: John T. Curran Title: Procurement Manager Date: REVERE CONTROL SYSTEMS, INC. By: 46w, Print: IsaA T-1 Awn Title:res.d�eh�- Date: 3 I it. I a.&;aa City Initials 3 Consultant Initials NZ DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 CONTRACT APPROVAL FORM TO: SUSAN DAUDERIS, INTERIM CITY MANAGER THRU: FREDDY SUAREZ, PROCUREMENT SERVICES DIRECTOR IFS FROM: JINELLE LUGO, PROCUREMENT COORDINATOR 9� SUBJECT: SCADA RADIO NETWORK SERVICES DATE: JANUARY 6, 2021 THE PROCUREMENT SERVICES DIRECTOR RECOMMENDS THE FOLLOWING: 1. APPROVE: Agreement between the City of Clermont and Revere Control Systems, Inc to provide SCADA radio network services. The agreement shall take effect on the date of execution by both parties and shall remain in effect for two (2) years, unless renewed or terminated as provided by the City of Sunrise contractual agreement. Upon mutual agreement, the agreement may be renewed for three (3) additional one (1) year terms. 2. Why is this action necessary: In accordance with the City of Clermont Purchasing Policy, the City Manager is authorized to approve contracts under $50,000 that do not require a budget amendment. 3. ADDITIONAL INFORMATION: At the request of the Public Services Department, the Procurement Services Department sought a contract with the City of Sunrise for SCADA radio network services, contract number C 18-32-06-HR. The estimated annual expenditures is $45,000. The Procurement Services Department issued RFI 2112-001 to notify local vendors of the City's intent to utilize other governmental entities' contract. At the completion of the RFI, the Procurement Services Department received no interest. The City of Sunrise contract was fully competed, advertised, and complies with the City of Clermont Purchasing Policy. 4. FISCAL IMPACT: The estimated fiscal impact of $45,000 is included in the current year approved budget. 5. EXHIBITS: SCADA Radio Network Services Agreement FSDocuSigned by:: U.SaJA, C Va.U.�t,V'tS Signature APPROVAL AUTHORITY Approved N Disapproved ❑ Reason/Suggestion (If disapproved) Interim City Manager 1/9/2021 Title Date DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 AGREEMENT NO. 2021-001 FOR SCADA RADIO NETWORK SERVICES THIS AGREEMENT, is made and entered into this filth day of 3anuary 2020, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and REVERE CONTROL SYSTEMS, INC whose address is: 2240 Rocky Ridge Rd, Birmingham, AL 35216, (hereinafter referred to as "CONTRACTOR"). WHEREAS, Lake County through the public procurement process awarded an Agreement for SCADA radio network services, City of Sunrise Contract Number C 18-32-06-HR; 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 City of Sunrise Contract Number C 18-32-06-HR; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish SCADA radio network services as described in the City of Sunrise Contract Number C 18-32-06-HR, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in the CITY's purchase order. 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 `13% attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION This Agreement is to become effective upon execution by both parties, and shall remain in effect until May 1, 2022 unless terminated or renewed by the City of Sunrise. DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if 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 the 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 1-year terms. ARTICLE IV — PROVISION OF SERVICES AND COMPLETION OF WORK The CONTRACTOR shall only provide to CITY SCADA radio network services upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in City of Sunrise Contract Number C 18- 32-06-HR or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. 2. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if it has an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may at its sole option cancel the order and seek the items from any available source. 3. It is expressly understood and agreed that the passing, approval and/or acceptance of any SCADA radio network services by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted SCADA radio network services so as to comply with the warranties and specifications hereof. 4. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery of products to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed product delivered and services provided, within thirty (30) calendar days of receipt of the invoice. 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. 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 its 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 subCONTRACTOR 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. 2. CONTRACTOR's Commercial General Liability Insurance — The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business 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 as follows: 3 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 (a) CONTRACTOR's Commercial General Liability, $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) Excess Liability, Umbrella Form $2,000,000 Each Occurrence, Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. Indemnification Rider (a) To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its 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 such acts are 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.; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. (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. 2 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 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: Revere Control Systems, Inc 2240 Rocky Rd Birmingham, AL 35216 Attn: Nan Johnson, VP of Municipal Systems OWNER: City of Clermont 685 W. Montrose Street Clermont, FL 34711 Attn: Susan C. Dauderis, Interim City Manager 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. 5 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 6. Assi ng ment — 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. 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. 71 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 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. An applicable Contractor Quote or Statement of Work 4. All documents contained in the City of Sunrise Contract Number C 18-32-06-HR. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 11th day of January , 2020. CITY OF CLERMONT rS DocuSigned by: u,SaaA, C Vaab viS Susan C. Dauderis, Interim City Manager ATTEST: DocuSigned by: T4" pad R-wt Tracy Ackroyd Howe, City Clerk 7 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 REVERE CONTROL SYSTEMS, INC DocuSigned by: sy: Nan, �6LLS&, (Signature) Print Name: Ivan Johnson Title: VP of municipal Systems Date: 12/18/2020 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 Finance & Ad. dr, Serylc®s STANDARD CONTRACT NO. C 18-32-06-HR BETWEEN THE CITY OF SUNRISE, FLORIDA AND REVERE CONTROL SYSTEMS, INC. MAR 2 6 2019 Revived THIS CONTRACT between the City of Sunrise, a municipal corporation of the State of Florida whose address is 10770 West Oakland Park Boulevard, Sunrise, Florida, 33351 (hereinafter referred to as "the City") and Revere Control Systems, Inc. a Corporation authorized to do business in the State of Florida, (hereinafter referred to as the "Contractor"), whose address is 2240 Rocky Ridge Road, Birmingham, AL 35216 and whose Federal Identification Number is 63-0794615, incorporates RFP No.18-07-06-HR and Contractor's Proposal as if fully set forth herein. In consideration of the mutual terms and promises set forth below, the City and the Contractor agree as follows: 1. Services The Contractor's responsibility under this Contract is for Supervisory Control and Data Acquisition (SCADA) Services as set forth in this Contract and as further stated below in the Scope of Service section or as attached hereto in Exhibit 'A" which is attached and made a part of this Contract. The City's representative during the performance of this Contract shall be Jerry Zitterman telephone number (863)255-1619 or designee. The Contractor's representative during the performance of this Contract shall be Allan Miller, telephone number (954) 888-6050, or designee. 2. Payments The Contractor will bill the City at the completion of each job for Services rendered toward the completion of the work defined herein at the rates listed in Exhibit "B." The Contractor shall submit invoices to: City of Sunrise Attn: Accounts Payable Dept. 10770 West Oakland Park Blvd. Sunrise, FL 33351 Invoices received from the Contractor pursuant to this Contract will be reviewed and approved by the City's representative, indicating that Services have been rendered in conformity with the Contract and then will be sent to the Finance and Administrative Services Department for payment. Following the City representative's approval, invoice payments will be made by the City in accordance with Florida Prompt Payment Act, Florida Statutes Section 218.70. Final Invoice: In order for both parties herein to close their books and records, the Contractor will clearly state "final invoice" on the Contractor's final/last billing to the City. This certifies that all Services have been properly performed and all charges and costs have been invoiced to the City. Since this account will thereupon be closed, any and other further charges, if not properly included on this final invoice, or which are in excess of the not to exceed amount, are waived by the Contractor. , Revised 12/28/18 Contractor Initials NT City Initials Page 1 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 3. Initial Contract Period and Contract Renewal The initial Contract period shall be for three (3) years, commencing on May 1, 2019. In addition, contingent upon Budget approval, the City reserves the right, but not the obligation, to renew the Contract for three (3) additional one (1) year periods, under the same terms, conditions and specifications, by written notification to the Contractor by the Procurement Manager. In the event the Services are scheduled to end either by Contract expiration or by termination by the City of Sunrise, the City in its sole discretion may require the Contractor to continue the Services until new services can be completely operational. The City Manager, or designee, may extend the Contract for a period not to exceed six (6) months subject to the same terms and conditions set forth in the initial Contract. The Contractor will be reimbursed for Services at the rate in effect when this transitional period clause is invoked by the City. Any additional extensions shall be subject to City Commission approval. 4. Access and Audits The Contractor shall maintain adequate records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion of this Contract. The City shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during normal business hours, at the Contractor's place of business. 5. Truth -In -Negotiation Certificate Signature of this Contract by the Contractor shall also act as the execution of a truth -in -negotiation certificate certifying that the wage rates, overhead charges, and other costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract and no higher than those charged the Contractor's most favored customer for the same or substantially similar services. The said rates and costs shall be adjusted to exclude any significant sums should the City determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate presentation of fees paid to outside Contractors. The City shall exercise its rights under this clause within three (3) years following final payment. 6. Insurance Requirements 6.1 Contractor agrees at its sole expense to maintain on a primary basis, non- contributory basis during the life of this Contract the following insurance coverages, limits, including endorsements described herein. The requirements contained herein, as well as City's review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under the Contract. 6.2 Commercial General Liability. Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000.00 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage shall not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X-C-U Coverage, Contractual Liability or Separation of Insureds. Revised 12/28/18 Contractor Initials N- City Initials Page 2 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 6.3 Additional Insured Endorsement. Contractor agrees to endorse the City as an Additional Insured on the Commercial General Liability with the following, or similar endorsement providing equal or broader Additional Insured coverage, the CG 20 26 07 04, or CG 20 26 04 13, Additional Insured — Designated Person or Organization endorsement; or the CG 20 10 07 04, or CG 20 10 04 13, Additional Insured — Owners, Lessees, or Contractors endorsement, including the additional endorsement of GC 20 37 07 04, or GC 20 04 13, Additional Insured — Owners, Lessees, or Contractors Completed Operations. The name of the organization endorsed as Additional Insured for all endorsements shall read "City of Sunrise". 6.4 Business Automobile Liability. Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. 6.5 Worker's Compensation Insurance & Employers Liability. Contractor agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statutes Chapter 440. 6.6 Waiver of Subrogation. Contractor agrees by entering into Contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit Contractor to enter into a pre -loss agreement to waive subrogation without an endorsement, then Contractor agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should Contractor enter into such an agreement on a pre -loss basis. 6.7 Certificate(s) of Insurance. Contractor agrees to provide City a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when a manuscript notice endorsement is available by Contractor's insurer. If the Contractor receives a non -renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax or email within five (5) business days with a copy of the non -renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder(s) address shall read: Original to: City of Sunrise Attn: Procurement Manager Purchasing Office 10770 West Oakland Park Blvd Sunrise, Florida 33351 purchasing(a)-sundsefl.4ov Copy to: City of Sunrise Attn: Risk Manager Risk Management Division 10770 W. Oakland Park Blvd. Sunrise, FL 33351 Revised 12/28/18 Contractor Initials %4 r City Initials Page 3 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 Fax (954) 578-4809 6.8 Umbrella or Excess Liability. Contractor may satisfy the minimum liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest "Each Occurrence" limit for either Commercial General Liability or Business Auto Liability. Contractor agrees to endorse City as an "Additional Insured" on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a "Follow -Form" basis. 6.9 Right to Revise or Reject. City reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, City reserves the right, but not the obligation, to review and reject any insurer providing coverage due to its poor financial condition or failure to operate legally. 6.10 Cyber and Privacy Liability Insurance. Contractor agrees to maintain Cyber and Privacy Liability Insurance at a limit of liability not less than $5,000,000 Per Claim $5,000,000 Annual Aggregate, or a $5,000,000 Combined Single Limit. For policies written on a "Claims -Made" basis, Respondent agrees to maintain a Retroactive Date prior to or equal to the effective date of any resulting contract. In the event the policy is cancelled, non -renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of any resulting contract, Contractor agrees to purchase a SERP with a minimum reporting period not less than two (2) years. The requirement to purchase a SERP shall not relieve Contractor of the obligation to provide replacement coverage. 6.11 Professional Errors & Omissions (E&O) Liability Insurance. Contractor agrees to maintain Professional E&O Liability Insurance at a limit of liability not less than $5,000,000 Per Claim $5,000,000 Annual Aggregate, or a $5,000,000 Combined Single Limit. For policies written on a "Claims -Made" basis, Respondent agrees to maintain a Retroactive Date prior to or equal to the effective date of any resulting contract. In the event the policy is cancelled, non -renewed, switched to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a Supplemental Extended Reporting Period (SERP) during the life of any resulting contract, Contractor agrees to purchase a SERP with a minimum reporting period not less than two (2) years. The requirement to purchase a SERP shall not relieve Contractor of the obligation to provide replacement coverage. 7. Performance and Payment Bond Not Applicable to this solicitation. 8. Termination for Governmental Non -Appropriations The City is a bona fide governmental entity of the State of Florida with a fiscal year ending on September 30 of each calendar year. If the City does not appropriate sufficient funds to purchase the Services or quantities required under this Contract for any of the City's fiscal years subsequent to the one in which the Contract is executed and entered into, then this Contract shall be terminated Revised 12/28/18 Contractor Initials NS City Initials Page 4 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 effective upon expiration of the fiscal year in which sufficient funds to continue satisfaction of the City's obligation under this Contract were last appropriated by the City and the City shall not, in this sole event be obligated to make any further purchases beyond said fiscal year. 9. Termination for Cause This Contract may be terminated by either party upon three (3) calendar days' written notice to the other party, should such other party fail substantially to perform in accordance with the material terms of the Contract through no fault of the party initiating the termination. In the event the Contractor abandons this Contract or causes it to be terminated by the City, the Contractor shall indemnify the City against any loss pertaining to this termination. In the event that the Contractor is terminated by the City for cause and it is subsequently determined by a court of competent jurisdiction that such termination was without cause, such termination shall thereupon be deemed a termination for convenience under Section 10. and the provisions of Section 10. shall govern. 10. Termination for Convenience This Contract may be terminated by the City without cause upon thirty (30) days' written notice to the Contractor. In the event of such a termination without cause, the Contractor shall be compensated for all Services completed and accepted by the City's representative as authorized herein, together with reimbursable expenses incurred. In such event, the Contractor shall promptly submit its invoice for final payment and reimbursement under the terms of this Contract to the City. 11. Indemnification To the fullest extent permitted by law, the Contractor agrees to indemnify, defend and hold harmless the City of Sunrise, its officers, agents, volunteers, and employees from and against all claims, damages, losses, and expenses, including but not limited to attorneys' fees, court costs, or other alternative dispute resolution costs arising out of or resulting from the performance of Services under this Contract; provided that any such claims, damages, losses or expenses are attributable to bodily injury, sickness, disease, death, or personal injury, or property damage; but only to the extent caused in whole or in part by the negligent acts, errors, or omissions of the Contractor, Contractor's subcontractor(s), or anyone directly or indirectly employed or hired by Contractor or anyone for whose acts Contractor may be liable, REGARDLESS OF WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY THE NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF THE CITY OF SUNRISE, ITS OFFICERS, AGENTS, VOLUNTEERS, OR EMPLOYEES, UNLESS SUCH NEGLIGENT ACTS, ERRORS, OR OMISSIONS CONSTITUTE GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT. The City of Sunrise reserves the right, but not the obligation, to participate in the defense without relieving Contractor of any obligation hereunder. Contractor agrees this indemnity obligation shall survive the completion or termination of the Contract. 12. Independent Contractor The Contractor is an independent contractor under this Contract. Personal services provided by the Contractor shall be by employees of the Contractor who are subject to supervision by the Contractor, and who shall not be officers, employees, or agents of the City. Personnel policies, tax responsibilities, purchasing policies and other similar administrative procedures applicable to Services rendered under this Contract shall be those of the Contractor. 13. Authority to Practice The Contractor hereby represents and warrants that it has and will_=TINe to maintain all licenses Revised 12/28/18 Contractor Initials Ns City Initials � Page 5 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. Proof of such licenses and approvals shall be submitted to the City's representative upon request. 14. Severability If any term or provision of this Contract or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the application of such terms or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 15. Governing Law/Jurisdiction/Venue This Contact shall be construed in accordance with and governed by the law of the State of Florida. Venue for any action arising out of or relating to this Contract shall lie in Broward County, Florida. Both parties hereby agree to waive a jury trial and will proceed to a trial by judge, if necessary. Except as set forth in paragraph 9 and 11, each party will be responsible for their own attorneys' fees and costs. 16. Successors and Assigns The City and Contractor bind themselves, their successors, assigns and legal representatives to the other party hereto and to successors, assigns and legal representatives of such other party in respect to covenants, agreements and obligations contained in this Contract. The Contractor shall not assign this Contract without written consent of the City. 17. Subcontracting The City reserves the right to accept the use of a subcontractor, or to reject the selection of a particular subcontractor, and to inspect all facilities of any subcontractors in order to make a determination as to the capability of the subcontractor to perform properly under this Contract. If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary to replace the subcontractor to complete the service in a timely fashion, the Contractor shall promptly do so, subject to acceptance of the new subcontractor by the City. 18. Conflict of Interest The Contractor represents that it presently has no interest and shall acquire no interest, either directly or indirectly, which would conflict in any manner with the performance of Services required hereunder, as provided for in Section 112.311, Florida Statutes. The Contractor further represents that no person having any such interest shall be employed for said performance. 19. Contingent Fees The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Contract. 20. Nondiscrimination The Contractor warrants and represents that all of its employees are treated equally during Revised 12/28/18 Contractor Initials City Initials L�� Page 6 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 employment without regard to race, color, national origin, sex, gender identify, sexual orientation, age, disability/handicap, religion, family or income status. 21. Public Entity Crimes As provided in Sections 287.132 and 287.133, Florida Statutes, by entering into this Contract or performing any work or Services in furtherance hereof, the Contractor certifies that it, its affiliates, contractors, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the 36 months immediately preceding the date hereof. This notice is required by Section 287.133(3)(a), Florida Statutes. 22. Modifications of Work If the City requires miscellaneous additional work, Services or materials not delineated in the Contractor's Proposal but within the general Scope of Service, the Contractor shall submit a detailed written proposal to the authorized City representative. If the proposal is approved, the Contractor shall receive authorization to proceed by receipt of a purchase order incorporating the Contractor's proposal. The City reserves the right to make changes in the Scope of Service, including alterations, reductions therein or additions thereto. Upon receipt by the Contractor of the City's notification of a contemplated change, the Contractor shall, in writing: (1) provide a detailed estimate for the increase or decrease in cost due to the contemplated change, (2) notify the City of any estimated change in the completion date, and (3) advise the City if the contemplated change shall affect the Contractor's ability to meet the completion dates or schedules of this Contract. The parties agree to negotiate in good faith changes in the Scope of Service that may occur. If the City so instructs in writing, the Contractor shall suspend work on that portion of the Scope of Service affected by a contemplated change, pending the City's decision to proceed with the change. If the City elects to make the change, the City shall initiate a Contract Amendment and the Contractor shall not commence work on any such change until such written amendment is signed by the Contractor and approved and executed by the City's representative and Procurement Manager. 23. Notice All written notices required in this Contract shall be sent by hand delivery, overnight mail, or certified mail, return receipt requested, and if sent to the City, shall be mailed to: Procurement Manager City of Sunrise 10770 West Oakland Park Blvd. Sunrise, FL 33351 cc: City Attorney City of Sunrise 10770 West Oakland Park Blvd. Sunrise, FL 33351 If sent to the Contractor, shall be mailed to: Revised 12/28/18 Contractor Initials NS City Initials Page 7 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 Revere Control Systems Attn: President 2240 Rocky Ridge Road Birmingham AL 35216 24. No Damages for Delay The Contractor shall not be entitled to any claim for damages including, but not limited to, loss of profits, loss of use, home office overhead expenses, equipment rental and similar costs, on account of delays in the progress of the Services from any cause whatsoever including an act or neglect of the City, adverse weather conditions, and act of God, strike, war or national disaster or emergency, unusual delay in deliveries, unusual delay in procuring permits, differing site conditions, unavoidable casualties or other causes beyond the Contractor's control, or by delay authorized by the City, or by other causes which the Contractor determines may justify delay. The Contractor's sole recovery and sole remedy for any such delay shall be a reasonable extension of time and a revision to the schedule as determined by the City. However, additional costs to the Contractor or delays in the Contractor's performance caused by improperly timed activities shall not be the basis for granting a time extension. If the Contractor wishes to make a claim for an increase in time of performance, written notice of such claim shall be made to the City within ten (10) working days after the occurrence of the event, or the first appearance of the condition giving rise to such claim. The City's representative shall determine whether or not the Contractor is entitled to a time extension for the delay. The failure of the Contractor to give such notice shall constitute a waiver of any claim under this section. 25. Public Records Law The Contractor shall comply with all applicable requirements contained in the Florida Public Records Law (Chapter 119, Florida Statutes), including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. To the extent that the Contractor and this Contract are subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall: (a) keep and maintain public records required by the City to perform the Services provided hereunder; (b) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow public records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 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 term of this Contract and following completion of this Contract if the Contractor does not transfer the records to the City; and (d) upon completion of the Contract, transfer, at no cost, to the City all public records in the possession of the Contractor or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public records to the City upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. If the Contractor fails to comply with the requirements in this Section 25, the City may enforce these provisions in accordance with the terms of this Contract. If the Contractor fails to provide the public records to the City within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes. Contractor Initials NT DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, FELICIA M. BRAVO, BY TELEPHONE (954/746- 3333), E-MAIL CITYCLERK SUNRISEFL.GOV , OR MAIL (CITY OF SUNRISE, OFFICE OF THE CITY CLERK, 10770 WEST OAKLAND PARK BOULEVARD, SUNRISE, FLORIDA 33351). 26. Entirety of Contract The City and the Contractor agree that this Contract sets forth the entire Contract between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto with the same formality as this Contract. Any alteration of the terms and conditions of this Contract must be contained in the Deviation Page after approval by the City Attorney and executed by the Contractor and City to be binding. 27. Discriminatory Vendor List Pursuant to Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. By execution of this Contract, Contractor represents that it has not been placed on the discriminatory vendor list as provided in Section 287.134, Florida Statutes. 28. Scrutinized Companies Pursuant to Section 287.135, Florida Statutes, Contractor certifies that it is not on the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725, Florida Statutes and that it is not engaged in a boycott of Israel. Pursuant to Section 287.135, in the event the Contract is for one million dollars or more, Contractor certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to Section 215.473, Florida Statutes; and Contractor further certifies that it is not engaged in business operations in Cuba or Syria. Pursuant to Section 287.135, Florida Statutes, City may, at the option of the City Commission, terminate this Contract if Contractor is found to have submitted a false certification as provided under subsection 287.135(5), Florida Statutes; has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel; has been placed on the Scrutinized Revised 12/28/18 Contractor Initials 14 City Initials Page 9 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or has been engaged in business operations in Cuba or Syria. 29. Order of Precedence In the event the terms of this Contract conflict with the City's RFP or Contractor's Proposal, the conflict shall be resolved by giving the documents the following order of priority: this Contract, the City's RFP, and Contractor's Proposal. 30. Electronic Recordkeeping Contractor certifies their services and products meet all recordkeeping requirements of the State of Florida, including but not limited to those in Chapter 119, Florida Statutes and Rule 1 B- 26.003(6)(g), Florida Administrative Code. 31. ADA Compliance Contractor shall ensure that the System is fully accessible and compliant with the American with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations, and that the System meets or exceeds the World Wide Web Consortium/Web Content Accessibility Guidelines (WCAG) 2.0 Level AA standard or any higher standard as may be adopted by the International Organization for Standardization. Upon request, Contractor will provide the City with any accessibility testing results and written documentation verifying accessibility, as well as promptly respond to and resolve accessibility complaints. 32. Compliance with Laws Contractor and the Services must comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations including, without limitation, American with Disabilities Act, 42 U.S.C. § 12101, Section 504 of the Rehabilitation Act of 1973, and any related federal, state, or local laws, rules, and regulations. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK AND SIGNATURES FOLLOW ON ATTACHED PAGE] Revised 12/28/18 Contractor Initials NT City Initials Page 10 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 IN WITNESS WHEREOF, the Procurement Manager, authorized to execute same by City Commission, has made and executed this Contract on behalf of the City the day and year below written and Contractor has hereunto set its hand the day and year below written. CITY OF SUNRISE By: Print /Ohn Curran Title: Acting�Procc rement Manager Date: /37�11-, "i Approved as to form and legal sufficiency for the City: By: Kimberly A. Kissl City Attorney CONTRACTOR ( �i evere Cn n}c o l S k w" Ivy. } Witne Print Contractor N me Above By: 4400-1m Witness Title:_?�res%ActiA ur Pkul%:ag4k 5ys�cv�ng Date: 3aoi aot5 Revised 12/28/18 Contractor Initials NS City Initials Page 11 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 EXHIBIT "A" SCOPE OF SERVICES Contractor will provide complete, comprehensive turnkey services including calibration, configuration, maintenance, enhancements, repair and replacements, diagnostics, administration of an existing preventative maintenance program including but not limited to repair and replacements, programming, upgrades, documentation and training for all systems and software as defined herein. Time, system reliability, and functionality are of the essence. The purpose of this contract is to ensure continuous and reliable operation of the system and all components and to meet all regulatory requirements. 1.1 SYSTEM COVERAGE Service shall include, but shall not be limited to, the following City of Sunrise facilities: • Springtree Water Treatment Plant SCADA • Springtree Wastewater Treatment Plant SCADA • Springtree Raw Water Wells • Springtree RO/ASR Well • Sawgrass Water Treatment Plant SCADA • Sawgrass Wastewater Treatment Plant SCADA • Sawgrass Raw Water Wells • Sawgrass Injection Wells • Sawgrass Concentrate Well • City Lift Station and High Service Re -Pump Station SCADA • Southwest Water Plant • Southwest Wastewater Plant • Southwest Raw Water Wells • Park City Waste Re -Pump Station • Weston Re -pump Station • Computerized Maintenance Management System (CMMS) • Floridan and Biscayne Aquifer Production Wells • Pump Station Components and Facilities • Gas Department Field Equipment Locations • All Other Gas and Utility Components and Facilities Some technology components related to the above facilities include, but are not limited to: • Server and client computers • Windows Server 2012 and 2008 Rack Mounted servers • MS Access and SQL Server databases • Cimplicity HMI (GE Process Control Software) • GE 90-70 PLC, GE 90-30, GE Versamax PLC, RX3i PLC and Allen Bradley PLC and related programming software Revised 12/28/18 Contractor Initials gT City Initials Page 12 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 • Routers, network hubs, bridges and switches linked through fiber optic and twisted pair cables • Microwave Data Systems (MDS) spread spectrum radios and diagnostic software • Application software • Field instruments • Local Panel Control • Variable Frequency Drive Systems • SCADA system is network integrated with City Network. 1.2 SYSTEM ADMINISTRATION SERVICES • Network maintenance and interfacing. • Support for operating systems; set up domains, groups, users, privileges, security and networking, clustering, remote access services and licensing. • Routine backup and archive procedure to recordable CD, SANS NAS or USB Drives. • Hard drives and Redundant Array of Independent Drives (RAID) system maintenance and anti virus definition updates. • Monitoring of system performance. 1.3 DATABASE ADMINISTRATION SERVICES Software support for MS Access and MS SQL, as required. Database configuration, set up and development, as required. Information roll over procedures, as required. 1.4 SOFTWARE MAINTENANCE, UPDATE AND MODIFICATION SERVICES Diagnostic and troubleshooting support for existing software. Support to accommodate system additions, such as adding a new lift station to SCADA. Changes and modifications to the following: o Cimplicity HMI (e.g., adding devices, screens, alarms, etc.) o Teledac Win 911 modifications o Insight radio monitoring software o Alarm Management System o Historical Data Analyzer o All existing software and applications 1.5 SYSTEM UPGRADE SERVICES • Support for upgrading any existing software to new manufacturer release versions. 1.6 PLC SOFTWARE • PLC programming support shall be provided including any on-line/off-line troubleshoot/diagnostic and modification. Any changes shall be documented. Revised 12/28/18 Contractor Initials tA:: City Initials � - Page 13 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 1.7 RADIO COMMUNICATION • Support to troubleshoot and perform diagnostics on the MDS base radio telemetry system • Support to add and configure new devices 1.8 FIELD INSTRUMENTATION • Troubleshooting, diagnostic, calibration and repair services 1.9 REMOTE SYSTEM SUPPORT • Remote access for system diagnostics and correction. Network connection will not be a continuous, full-time feature, but will be effected only upon request. 1.10 EMERGENCY SUPPORT • Telephone assistance services with qualified personnel shall be available to assist City staff. • Communication via e-mail shall be available. • Professional emergency support shall be required in a timely manner. • Technician shall be required on site within four (4) hours to eight (8) hours after notification. Revised 12/28/18 Contractor Initials City Initials Page 14 DocuSign Envelope ID: 4A58EA08-BF03-4AC8-BFC2-F3B179COCC81 EXHIBIT "B" PRICING Project Manager $155.00/Hour System/Database Administrator $140.00/Hour System Engineer $140.00/Hour Communications Engineer $140.00/Hour Control System Technician $100.00/Hour Materials/Equipment Markup: 20% Over Cost Per Hour cost starts when contractor is "on -site" ready to work. Travel costs and per diem shall be paid for in accordance with the City of Sunrise Code for a Category 3 employee. Materials/Equipment quotes shall be proposed to the City of Sunrise for review prior to purchase. The City reserves the right to procure and provide the materials to the contractor when it is cost effective for the City and does not interfere with work progress. Any state or federal taxes or fees incurred during this contract may be submitted for payment. Revised 12/28/18 Contractor Initials City Initials Page 15