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#16-6596 (Johnson Controls) AGREEMENTI6-6596 for Safety. Security Access Infrastructure THIS AGREEMENT, made and entered into on this2e'` day of 41)3i/C,LJ 2017, by and between Johnson Controls, Inc., authorized to do business in the State of Florida, whose business address is 3802 Sugar Palm Dr., Tampa, Florida 33619, (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a one (1) year period, commencing on Date of Board award and terminating (1) year from that date or until all outstanding Purchase Orders issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for three (3) additional one (1) year periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a Purchase Order from the County. 3. STATEMENT OF WORK. The Contractor shall provide Safety, Security and Access Infrastructure Programs and Equipment Services, in accordance with the terms and conditions of RFP # 16-6596, Exhibit A — Scope of Work, and the Contractor's proposal referred to herein and made an integral part of this Agreement. For all services under this Agreement, the County will quote out the work to all awarded Contractors, in accordance with Exhibit A— Scope of Work, attached hereto. This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. Page 1of14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc, 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of time and materials Work pursuant to Exhibit B- Fee Schedule," attached hereto, and as further defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the Project Manager or designee, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act." 4.1 Price Methodology: Time and Materials: The County agrees to pay the Contractor for the amount of labor time spent by the Contractor's employees and subcontractors to perform the work (number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's mark up). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. 4.2 Any County agency may obtain products and services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Work. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption # 85-8015966531C-2. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or faxed to the Contractor at the following Address: Johnson Controls, Inc. 3802 Sugar Palm Dr. Tampa, Florida 33619 Attention: Stephen Telo, General Manager Telephone: (813) 635-2206 Facsimile: (813) 635-2276 Email: Stephen.p.telo@jci.com Page 2 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. All Notices from the Contractor to the Countyshall be deemed dulyserved if mailed or � faxed to the County to: Board of CountyCommissioners for Collier County, Florida clo Facilities Management Division 3335 Tamiami Trail East Naples, Florida 34112 Telephone: (239) 252-7453 Attention: Dennis Linguidi, Director, Facilities Management Division Email: DennisLinauidifcolliergov.net The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors!Subconsultants. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 3 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. L 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non- performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. D. Technology Errors & Omissions Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of technology errors and omissions under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $1,000,000 per occurrence. Special Requirements: Collier County Board of County Commissioners, Board of County Commissioners in Collier County, or Collier County Government shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County ten (10) days prior to any expiration Page 4of14 r., • RFP 16-6596 Safety Security and Access infrastructure Programs and Equipment:, • Johnson Controls,Inc. date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: ten (10) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division. 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), Exhibit A-Scope of Work, Exhibit B- Fee Schedule and RFP#16-6596. • Page 5 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. 17. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 18. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part Ill, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 19. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety (including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 6 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Mc- 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency 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 public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 20. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful proposer extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful proposer. 21. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 22. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 23. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation Page 7of14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. `' . as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 24. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 25. AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor's shall assign as many people as necessary to complete the required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet the project manager's schedule. 26. ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of the RFP, the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. 27. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 28. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractors business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPSCcr�colliergov.net) whenever an employee assigned to Page 8 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the Agreement. If there are additional fees for this process, the Contractor is responsible for all costs. Page 9 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment • Johnson Controls,Inc.?-7-1'.":- IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIE` C! •y TY, FLORIDA Dwig E. Brock, lerk of Court V. B Y: Penny Tay , Chairm Dated: 31-` ' (SERIkekt'az*th Chairman's sloath r only. Johnson Controls, Inc. Contractor By: AdirrA111111' Aire irs Witness S'� re TType rint witness namel' Type/print signature and titlel` 1/%4_ -cond ; itness AtJ DmA, TType/print witness namel' • o e s taor1 an Legality: ,Ass t County Attorney tit Print Name 120 Page 10 of 14 REP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls, Inc. Exhibit A-Scope of Work It is the intent of the County that the safety, security and access infrastructure systems experience minimal down time. While the County intends to use the Contractors awarded, the County reserves the right at any time to use the awarded Contractors for the services described, or to request additional quotes or bids from other Contractors [per the Board's Procurement Ordinance]. It is the intent of the County to solicit quotes from all awarded Contractors under this Agreement for all work I projects. All awardees will be required to respond to the request for quote and a reason if their response is `no quote'. A'no quote' shall be considered a quote for purposes of obtaining all quotes. The County reserves the right to select one, or more than one Contractor, for a single service, or for multiple services. If one of the Contractors consistently does not perform their assigned responsibilities, the County Representative or designee retains the right and authority to reassign work to one of the other Contractors awarded so as not to leave the equipment vulnerable or in disrepair. The Contractor shall use qualified technicians/installers and the County expects that the awarded Contractors will provide a minimum of three (3) technicians / installers assigned to this account, to provide labor, supervision, equipment, and materials necessary to perform the safety, security, and access services all in accordance with the requirements specified in the RFP #16-6596. Hourly time will be paid only for actual time at the worksite. Travel time will not be an allowable item. Should the equipment purchased and installed by the awarded Contractors of this Agreement require integration services with the County's proprietary P2000 or Metasys systems, the County reserves the right to engage those integration services through a separate contract with Johnson Controls, Inc. The Contractor may also be required to conform to the County's Work Management procedures, such as utilizing work order forms, or future online work order system, at no additional cost to the County. The Contractor will be responsible for utilizing any systems used by the County for work orders for Divisions utilizing this Agreement. The Contractor must provide requested certifications and licenses necessary to perform the services outlined in the RFP#16-6596 specifications. The Contractor(s) shall: 1. All proposals and work must meet or exceed the standards set forth in the Collier County Vertical Construction Standards and Collier County IT Construction Standards unless specifically exempted in writing by Facilities Management Division Representative or designee. The latest Standards are located at the following website: http:/fwww.colliergov.netlyour- ,government/divisions-f-r/facilities-management/vertical-construction-standards. The Standards are considered to be "living documents" and the awarded contractor(s) shall review and reference the latest version when proposing work. Failure to comply with these Standards will result in the out-of-compliance work being remediated by the responsible contractor(s) at no additional cost to the County and a daily fine of one hundred and fifty ($150) at the determination of the County Representative or designee. The awarded Contractors equipment, labor, materials, and services include, but are not limited to: Page 11 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc, a. Provide equipment (all types) including but not limited to: surveillance, camera (CCTV, IP, etc), computer and television monitors, digital video recorders, network video recorders, access monitoring systems, access control systems, facial recognition and other analytic equipment, intrusion systems, x-ray hardware, software programs, UPS monitoring systems, emergency call boxes, intercom systems, touch screen systems, wireless systems, access card printer and supplies, ID badge systems, perimeter security systems (including but not limited to electronics, fences, gates, barricades, stanchions, bollards, and other equipment associated with perimeter access control systems), package inspection monitoring systems, air quality monitoring equipment, magnetometers and like systems, door and door hardware (including keys, gates, fencing, fencing hardware), people and package detection equipment, communication equipment, radio equipment, patrol systems, key control systems, biometric systems, panic alarm systems, indoor air quality systems, artificial intelligence systems, burglar / intrusion systems, weather systems, UPS systems, and any other similar devices that prevent safety, security and access breeches, and assist with the maintenance of safety for people and facilities. b. Provide installation and construction services for all of the equipment identified above as directed by the County Representative or designee, and for areas such as security stations, lobbies, kiosks, etc. Construction services include, but are not limited to project management, design, construction, permitting, furniture, special ballistics-rated and non- rated materials, preventive maintenance, repairs, and refurbishment. c. Provide security consultation services for all of the equipment identified above, and new/emerging technology, as directed by County Representative or designee. d. Provide security monitoring services for all of the equipment identified above, and new/ emerging technology, as directed by County Representative or designee. 2. Provide a single point of contact for the County for all work performed under this Agreement. 3. Respond to emergencies, as declared by County Representative or designee, in three (3) hours or less. "Respond to emergencies" is defined as "onsite and physically/actively working" on the issue provided by the County Representative or designee. 4. Respond to non-emergencies, as declared by the County Representative or designee, within one (1) business day, unless otherwise agreed to by the County Representative or designee. 5. Comply with the following Proposal/Quote Requirements: The three types of services required are: • Regular Work: The County Representative or designee will provide a scope of work to be performed to the all Contractors and request that a "time and materials" quote be provided. The County expects that for regular work, the Contractor provides a price quote within a reasonable amount of time (one to two business days) from the point of initial contact. Once a purchase order is issued, the County expects that the work would commence within two (2) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work. • Project Work: The County Representative or designee will provide a scope of work to be performed to all Contractors and request that a "time and materials" quote be provided. The County expects that for project work, the Contractor provides a price quote within a reasonable amount of time (seven (7) business days) from the point of initial contact. Once a purchase order is issued, the County Representative or designee would expect that the work would Page 12 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. 0�, commence within five (5) business days, unless otherwise directed by the County Representative or designee. In the event that the Contractor does not fulfill these requirements, the County reserves the right to contact other Contractor(s) to perform the scope of work, • Emergency Repair Work: The County Representative or designee will identify that the needed maintenance, repair, and/or replacement for the life, health, safety, or equipment/facility emergency and request that a quote be provided as soon as reasonably practicable. The County Representative or designee may direct the Contractor to commence work through a verbal direction; and a purchase order will be issued to the Contractor as soon as possible. The County Representative or designee, will be responsible to ensure equal distribution of Work is assigned between the awarded Contractors. Page 13 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. Exhibit B-Fee Schedule Item Miscellaneous Vendor Positions Unit of Measure Unit Price 1. Lead System Specialist Per hour $ 112.00 2. Protect Manager Per hour $ 133.00 3. Site Supervisor Per hour $ 90.00 4. System Designer Per hour $ 90.00 5. System Engineer/Security Service Tech Per hour $ 110.00 6. System Technician Per hour $ 70.00 7. Fire Inspector Per hour $ 70.00 Mark-up/Profit for use of 10% Subcontractors Mark-up/Profit percentage for parts, 25% suppliers, or related items The hourly rates listed herein are only applicable to Time and Material quotes. Page 14 of 14 RFP 16-6596 Safety Security and Access Infrastructure Programs and Equipment Johnson Controls,Inc. AC Q� DATE(/2017 YYYY) CERTIFICATE OF LIABILITY INSURANCE 03/13/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT PHO Marsh USA Inc. PHONE: FAX 411 E.Wisconsin Avenue IANC.No.Exti: (A/C,No): Suite 1300 E-MAIL ADDRESS: Milwaukee,WI 53202 Attn:JCI.Certrequest@marsh.com INSURER(S)AFFORDING COVERAGE NAIC# 011077--5-16-17* INSURER A:Old Republic Insurance Company 24147 INSUREDINSURER B:ACE Property and Casualty Insurance Company 20699 Johnson Controls,Inc. Tyco International Holding S.a.r.l. INSURER C: 5757 North Green Bay Avenue INSURER D: Milwaukee,WI 53209 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-007023039-02 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLTYPE OF INSURANCE SUER POLICY POLICY LTR INSD POLICY NUMBER (M /DDIIYYYY) (M 1NSD WVD DD//YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X MWZY308341 10/01/2016 10/01/2017 EACH OCCURRENCE $ 10,000,000 CLAIMS-MADE X OCCUR DAMAGE PREM SESO(Ea occu RENTED $ 10,000,000 X Contractual Liability MED EXP(Any one person) $ 50,000 X XCU Included PERSONAL&ADV INJURY $ 10,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 30,000,000 X POLICY PRO LOC PRODUCTS-COMP/OP AGG $ INC IN GEN AGG JECT OTHER: $ A AUTOMOBILE LIABILITY X X MWTB 308344(Excludes NH) 10/01/2016 10/01/2017 COMBINED SINGLE LIMIT $ 7,500,000 (Ea accident) A X ANY AUTO MWTB 308371(NH) 10/01/2016 10/01/2017 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) $ New Hampshire(CSL) $ 250,000 B X UMBRELLA LIAB X OCCUR G28162509 001 10/01/2016 10/01/2017 EACH OCCURRENCE $ 5,000,000 A X EXCESS LIAB CLAIMS-MADE MWZX 308372(NH-Excess Auto Only) 10/01/2016 10/01/2017 AGGREGATE $ 5,000,000 DED RETENTION$ NH-Excess Auto Only $ 7,250,000 A WORKERS COMPENSATION X MWC 308342 00(AOS-see page 2) 10/01/2016 10/01/2017 X PR STATUTE OER AH AND EMPLOYERS'LIABILITY Y/N MWXS 308343(OH&WA) 10/01/2016 10/01/2017 ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $ 5,000,000 OFFICER/MEMBER EXCLUDED'? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 5,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re:Any and all work performed in Collier County Collier County Board of County Commissioners is included as additional insured per the attached for any and all work performed in Collier County. If an"X"is indicated in either the"ADDL INSR"or"SUBR WVD" boxes above,the indicated provision applies only if required by written contract and only as outlined in this Certificate of Insurance. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee ...Moo t+c 1,j, ..tc►ux a - I ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 011077 LOC#: Milwaukee AC R ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls,Inc. Tyco International Holding S.a.r.l. POLICY NUMBER 5757 North Green Bay Avenue Milwaukee,WI 53209 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WORKERS COMPENSATION Workers Compensation"AOS"Policy includes coverage for the following states:AK,AL,AR,AZ,CA,CO,CT,DC,DE,FL,GA,HI,IA,ID,IL,IN,KS,KY,LA,MA,MD,ME,MI,MN, MO,MS,MT,NC,NE,NH,NJ,NM,NV,NY,OK,OR,PA,RI,SC,SD,TN,TX,UT,VA,VT,WI,&WV. PRIMARY COVERAGE The General Liability and Automobile Liability policies am primary and not excess of or contributing with other insurance or self-insurance,where required by written lease or written contract.For General Liability,this applies to both ongoing and completed operations. WAIVER OF SUBROGATION The General Liability,Automobile Liability,Workers Compensation and Employers Liability policies include a waiver of subrogation in favor of the certificate holder and any other person or organization to the extent required by written contract. ADDITIONAL INSURED-AUTOMOBILE LIABILITY The Automobile Liability policy,if required by written contract,includes coverage for Additional Insureds as required by such written contract. ADDITIONAL INSURED-GENERAL LIABILITY For General Liability,if required by written contract,the following are included as additional insureds,as required pursuant to a written contract with a named insured,per attached Policy Endorsements A2 and A2A:THE CERTIFICATE HOLDER LISTED ON THIS CERTIFICATE OF LIABILITY INSURANCE,AND EACH OTHER PERSON OR ORGANIZATION REQUIRED TO BE INCLUDED AS AN ADDITIONAL INSURED PURSUANT TO A WRITTEN CONTRACT WITH THE NAMED INSURED. LIMIT OF LIABILITY: The Liability Limit that applies is the amount indicated on the face of this Certificate of Liability Insurance,or the minimum Liability limit that is required by the written contract, whichever is less. If them is no contract then the Liability Limit is limited to$1,000,000. LIMIT OF UMBRELLA/EXCESS LIABIITY: If the primary insurance policies noted on the face of this Certificate of Liability Insurance satisfy the combination of minimum primary limits and minimum Umbrella/Excess Liability limits required by the written contract,the Umbrella/Excess Liability limits shown on the face of this Certificate of Liability Insurance do not apply. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS: This endorsement modifies the notice of cancellation of insurance provided hereunder: Should any of the above described policies be cancelled,other than for non-payment,before the expiration date thereof,30 days advice of cancellation will be delivered to certificate holders in accordance with the policy endorsements. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION - ENDORSEMENT A2 Named Insured Endorsement Number Johnson Controls, Inc.,Tyco International Holding S.a.r i. Policy Prefix Policy Number Policy Period Effective Date of Endorsement MWZY 308341 10/01/16 to 10/01/17 Issued By Old Republic Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): If required by contract,the person or organization listed on the certificate of insurance as additional insured,and each other person or organization required to be included as an additional insured pursuant to a contract with a named insured. Location(s) Of Covered Operations: As required by contract. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. A. Section II - Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury"caused solely by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. B. With respect to the insurance afforded to these additional insureds,the following additional exclusions apply: This insurance does not apply to"bodily injury"or"property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed;or 2. That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. GL 289 001 1012 MWZY 308341 Johnson Controls,Inc. 10/01/2016.10/11/2017 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - ENDORSEMENT A2A Named Insured Endorsement Number Johnson Controls,Inc.,Tyco International Holding S:a:r.i. Policy Prefix Policy Number Policy Period Effective Date of Endorsement MWZY 308341 10/01/18 to 10/01/17 Issued By Old Republic Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCH EDU LE Name Of Additional Insured Person(s)Or Organization(s): If required by contract,the person or organization listed on the certificate of insurance as additional insured,and each other person or organization required to be included as an additional Insured pursuant to a contract with a named insured. Location And Description Of Completed Operations: As required by contract. Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused solely by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". GL 289 002 1012 MWZY 308341 Johnson Controls,Inc. 10/01/2016-10/01/2017 ® DATE(MM/DD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 03/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT PHO Marsh USA Inc. PHONE: 411 E.Wisconsin Avenue (AIC.No.Ext): (A/C,No): Suite 1300 E-MAIL Milwaukee,WI 53202 ADDRESS: Attn:JCI.Certrequest@marsh.com INSURER(S)AFFORDING COVERAGE NAIC# 011077-J&T-PL-17-18 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B: Johnson Controls International plc (and see attached) INSURER C: 5757 North Green Bay Avenue INSURER D: Milwaukee,WI 53209 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CHI-007024301-01 REVISION NUMBER:1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER IMM/DD/YYYY) (MMIDD/YYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _$ —I5AMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT -LOC PRODUCTS COMP/OP AGG $ _ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIRED AUTOS _ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ _ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVEN N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional Liability E000131629-00 02/01/2017 02/01/2018 Each Claim and Related Claim 1,000,000 Aggregate Limit 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Re:Any and all work performed in Collier County CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3327 Tamiami Trail E ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee �t ar+.LtwrsK .ne m r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 011077 LOC#: Milwaukee AR ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Johnson Controls International plc (and see attached) POLICY NUMBER 5757 North Green Bay Avenue Milwaukee,WI 53209 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance All services including Technology Services,Construction Management Services and Design/Build Services,Fire&Security products and services performed by the Building Technologies&Solutions units of Johnson Controls International plc.or on behalf of Building Technologies&Solutions Units of Johnson Controls International plc.by others acting under their direction or trade name,including any such services that are performed electronically utilizing the Internet or a network of two or more computers. Insureds include:Johnson Controls,Inc.,Tyco International Management Company,LLC,Tyco Carter Brothers,LLC,CEM Access Systems,Inc.,Central CPVC Corporation, Central Sprinkler LLC,Chagrin H.Q.Venture Ltd.,Chagrin Highlands Inc.,Chagrin Highlands Ltd.,Chemguard,Inc.,Connect 24 Wireless Communications Inc.,Detcon,Inc.,Digital Security Controls,Inc.,Elpas,Inc.,Exacq Technologies,Inc.,G-I Great Lakes,A Series of Greenleeds LLC,G-I Mid Atlantic,A Series of Greenleeds LLC,G-I MidWest,A Series of Greenleeds LLC,G-I New York,A Series of Greenleeds LLC,G-I Other Risk Centers,A Series of Greenleeds LLC,Greenleeds LLC,Grinnell LLC,Grinnell Pacific,A Series of Greenleeds LLC,GSF Management Co,LLC,Haz-Tank Fabricators,Inc.,Infrared Systems Group,LLC,Integrated Systems and Power,Inc.,Master Protection LP d/b/a FireMaster,Qolsys,Inc.,Retail Expert,Inc.,Scott Figgie LLC,Scott Technologies,Inc.,Senelco Iberia,Inc.,Sensormatic Asia/Pacific,Inc.,Sensormatic Electronics(Puerto Rico) LLC,Sensormatic Electronics,LLC,Sensormatic International,Inc.,ShopperTrak International Investment LLC,ShopperTrak RCT Corporation,Shurjoint America,Inc., SimplexGrinnell LP,STI Licensing Corporation,STI Properties,Inc.,STI Properties,Ltd.,STI Risk Management Co.,Tyco Cares Foundation,Tyco Fire&Security LLC,Tyco Fire Products LP,Tyco Integrated Security LLC,Visonic Inc.,and WillFire HC,LLC. The Professional Liability insurance referenced herein was placed by Aon Risk Services Central,Inc.,or one or mom of its subsidiaries or affiliates. Marsh is evidencing this coverage on this certificate for your convenience. Professional Liability coverage is claims-made. • ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD W111.1 VI. arcleECATION_SIE_ IWTWORITY 'The undetsigned, President of Johnson Crnitrols Itit. ii Wisconsin corporation (the 'Company"). pursuant to the authority vested in him by a certain resolurtiori adopted by the Been! of Directors of Ow C'Arripoity co January 23, 1980 hereby aothbrizes Stephan P.Telo Branch GC11451111 Manager (hereinafter,the 'Delegate") to perform,on behalf of the Company, the acts described below: To execute and deliver any Nod all cootracts for the performance of work.sale of goods. and furnishing of strikes, and any other 1113irlitlieldS .19 Connection therewith and in the ordinary course of business, This nuthorky does ogi extend to: a, the eneuution of insety,performance or bid bonds; b. the collection, receipt and recovery of monies due ir to become due to the Company and the isstlaniX of receipts and releases for the payment thereof: c. the ligning of any 11040 , contracts, or any other agreement to borrow money in the name of the Company, or eny *inn of guaranty for the payment or Fcrforrnance of obligations of any subsidiary, affiliate, or joint venture of the Company,or d. the signing. on behalf of she Cumpany. miry deeds, abstracts, offers to purchase or any lAMr instruments pertaining so she purchase 04 sale of real foroPertY, Any sketiona taken by such Delegate within the scope of acts authorized herein taken between die date of expiration of any price delegation of authority and the date hereof are hereby ratified, confirmed and approved as the acts end deeds ofthis Company This authority shall remain and effect throu sLIt M ay 19, 2017. Signed at Milwaukee, Wisconsin, this 20th day of May, 2016. .41 drtlrAllr A. Molinaro . Pres A fTEST: ‘00. lofty_ A 4_ USA wallader,Searerary