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Backup Documents 04/28/2020 Item #16A17 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP TO ACCOMPANY ALL ORIGINAL DOCUMENTS SEN r,—t •Aii.___)) THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR S '!� " Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the Cour*?ttoiff 20-70no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document isIfdMri tthe exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. Risk Management Risk Management C.C. 5/512-(-1 3. County Attorney Office County Attorney Office g41" 5S4/0r) S4,t31 4. BCC Office Board of County Commissioners ( 5.24 5. Minutes and Records Clerk of Court's Office )Z;6 .48/2A) PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Jessica Suarez/Purchasing 239-252-8407 Contact/ Department Agenda Date Item was Agenda Item Number Approved by the BCC A_ . . 0$, aoao )biA Ct Type of Document Recomm ndation to award Invitation to Bid No. Number of Original Attached 20-7681,"Motorola Irrigation Central Control Documents Attached System Parts and Services"to Contemporary Controls&Communications, Inc. (Agenda ID 11685) PO number or account N/A number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column,whichever is Yes N/A (Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature 3citlyyp tit N/A 2. Does the document need to be sent to another agency for additional signatures? If yes, JS provide the Contact Information (Name; Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be JS signed by the Chairman,with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's JS Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the JS document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JS signature and initials are required. 7. In most cases (some contracts are an exception),the original document and this routing slip JS should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on April 14,2020 and all changes made JS during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. , • 9. Initials of attorney verifying that the attached document is the version approved by the BCC, all changes directed by the BCC have been made, and the document is ready for the Chairman's signature. l:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9,03.04,Revised 1.26.05,Revise�4.05,Revised 11/30/12 16A17 MEMORANDUM Date: May 8, 2020 To: Jessica Suarez, Procurement Services From: Teresa Cannon, Sr. Deputy Clerk Minutes & Records Department Re: Contract #20-7681 "Fixed Term Services Agreement— Motorola Irrigation Central Control System Parts and Service" Contractor: Contemporary Controls & Communications, Inc. Attached for your records is an original of the referenced document above, (Item #16A17) adopted by the Board of County Commissioners on Tuesday, April 28, 2020. The Board's Minutes & Records Department has kept an original as part of the Board's Official Records. If you have any questions, please feel free to contact me at 252-8411. Thank you. Attachment 1 6 A17 FIXED TERM SERVICE AGREEMENT #20-7681 for MOTOROLA IRRIGATION CENTRAL CONTROL SYSTEM PARTS AND SERVIC THIS AGREEMENT, made and entered into on this Q day of /1 ori 20 , by and between CONTEMPORARY CONTROLS & COMMUNICATIONS, INC. , authorized to do business in the State of Florida, whose business address is 505 West Hickpoochee Ave., Ste. 200, Labelle, FL 33935 , (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 three (3 ) year period, commencing upon the date of Board approval e4 I I e+ and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) 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 two (2 ) additional one ( 1 ) year(s) 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 [' Notice to Proceed. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of U Request for Proposal (RFP) I■I Invitation to Bid (ITB) Othcr ( ) # 20-7681 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ■ The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 1 6 A 1 7 3.1 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. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): is authorized. ■ 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 markup). 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. 1.1 Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain 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 Agreement. 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. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A17 4.4 n (check if applicable) - . • - •• e - - - e e - -: Travel and Mileage $0. 44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $4-9-:00 Airfare ' - -- -- - -- - --- - - - - • • Ren-ta ' - -- - —e - - -- e. - - --e.e. - _ vehicles Lodging Actual cost of lodging at single occupancy rate with a cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine Actual cost of either taxi or airport limousine undertaken pursuant to 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Contemporary Controls & Communications, Inc. Address: 505 West Hickpoochee Ave., Suite 200, Box 107 Labelle, FL 33935 Authorized Agent: Daniel L. Holman, President Attention Name & Title: Telephone: (863) 675-2372 E-Mail(s): holman863@embargmail.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A17 Board of County Commissioners for Collier County, Florida Division Name: Road Maintenance Division Director: Albert English Address: 4800 Davis Boulevard Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: 239-252-5591 E-Mail(s): melissa.pearson@colliercountyfl.gov 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. 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 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A17 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 the 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. I I Business. Auto hiabilitW Govera e shal4 4aeve FF414R4of 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 $500,000 for each accident. D. n Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services 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 each claim and aggregate. E. I I Cyber Liabilitvj Coverage shall have minimum limits of$ per claim. F. *Technology Errors &: Coverage shall have minimum limits of$ 1,000,000 per claim. Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.I) 16A17 Special Requirements: Collier County Board of County Commissioners, OR, 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 Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. 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 thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) 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 defend, 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. Page 6 of 17 Fixed Term Service Agreement#2017-002(Ver,l) 16A17 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Road Maintenance 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 Services, Exhibit B Fee Schedule, I I RFP/ ITB/. Other #20-7681 , including Exhibits, Attachments and Addenda/Addendum, n subsequent quotes, and I I Other Exhibit/Attachment: 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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 III, 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. 20. 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: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.]) 16A17 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. 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. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) �('AO 16A17 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. n CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. ■ WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CAO 16A17 fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. ■ TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. n PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) CAO 16A17 30. 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. 31. 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. 32. 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 as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. 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. . ee -- e e- -, _ per-son-Flak III 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 shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver 1) CAO 16A17 35. ■ ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. IS , • - . . _ _ _ • •- . -• e - , re - e • - among the terms of any of the Contract Documents and/or the County's Board approved r , -.. •�.--. --- •- - - -- • -- • •- -. -- - -- • • r r r r' 'r - - r r r r -- - - -r r r r -r r - 1 ,r.. . ..' the Agreement, the conflict shall be resolved by imposing the more strict or costly 36. 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. 37. 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 contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to 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. Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver.1) ,CAO 16A17 38. n SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A17 IN WITNESS WHEREOF, the parties hereto, by an authorized person or a t, have executed this Agreement on the date and year first written above. ,.._,Ceoe,•,...a. ATTEST BOARD OF COUNTY COMMISSIONERS Crystal, kKinzel, Clerk o.Court COLLIER COUNTY, FLORIDA & Co ••trolller -� - `1 cF► B : 61 ora B RT SAUNDERS ,, Chairman... Dated: ` Ar ./,. ►, ,,..;;r,•.. r.. . . ... ..wrwrc�+r�r�r►. ...-A,►�riI'. (SEAL' ' • • ,;i _ , O,.•... ."0".. Sig'ature only. s. Contemporary Controls & Comm„.,Inc ,,, uhzContractor's Witnesses: %J....—. . .:, . ., , ....Y.. . ., AIL,4141114.1.41. i . ,_. :.: ..., ...: . � Contractor q I By. - _ — Con rac or's First Witness Signature / y &e{ (\1 O. QY TType/print signature and titleT pe/print witness name ' 61. 4, A' _ Aritn• 4, , _11 ttli , . Co;'actor's Se and fitness ail” _i 1 [ - TType/print witness name Approved as to Form and Legality: , bL & • ' L . A ! 1; • # # nk* I tkiliV �pu ounty Attorney 5(12 e. 1 i %t Ccz r). 1O rA� Print Name I �J t -tr# lv�1q I r%oputy Ciel-k Page 14 of 17 Fixed Term Service Agreement#2017-002(Ver.1) ifil 16A17 Exhibit A Scope of Services ■ following this page (containing 2 pages) this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 0 16A17 ITB# 20-7681 "Motorola Irrigation Central Control System Parts and Services" EXHIBIT A SCOPE OF SERVICES The term"division"and"County"may be used interchangeably through this Agreement. 1. SCOPE OF SERVICES The division currently operates and maintains approximately 109 Motorola IRRInet"M" controllers, 93 IrriNets, five (5)PIU that have 23 XR Piccolo's and two(2)Irrinet Aces. The contractor shall provide Motorola irrigation services, software technical support,diagnosing capabilities,repair and replace irrigation equipment,supply parts and equipment to build controllers and install them,supply and install rental controllers as needed, and adequate personnel to perform the contract. The contractor shall be obligated to respond immediately for trouble shooting,technical support,and order requests. Additionally, the contractor shall provide programming and maintenance for over 200 Motorola radios that provides the communication for the irrigation system. Time is of the essence when the irrigation system is not functioning;therefore,the contractor shall be available upon request. 2. SPECIFICATIONS Collier County expects the contractor to comply with all terms of the contract.The line items are essential elements, and the contractor shall adhere to them.The County's system is Motorola's radio-based irrigation control system. It is technology based, high performance, SCADA system, capable of covering large geographical areas and controlling complex water management systems.There are no substitutes for Motorola products;this is a proprietary system. 2.1. Controller Packages: provide package costs for each controller listed on Exhibit B Fee Schedule. There are line items in each package category. There is a line item for assembly and delivery.The delivery location shall be to a designated location as requested by the division. 2.2. Parts: Costs inclusive of ordering,processing, and delivery. 2.3. Service Repairs&Technical Support: hourly rates are provided for in-house services repairs utilizing Motorola staff and engineers for consulting;provide hourly rates for on-site field service repairs from Motorola certified, factory trained,technician;provide flat rate repair fees per unit for Motorola contractor for radios and controllers services and repairs. 3. GENERAL INFORMATION 3.1. Ordering and Delivery: The division shall order equipment and parts as needed. Orders shall be shipped FOB destination, freight prepaid, and delivered to the destination provided by the division. 3.2. Contractor Account Representative(s): contractor shall assign account representatives for order placements,order resolutions,billing,and other related account activities. The contractor shall provide account representative names,phone numbers,and emails upon contract execution. 3.3. Order Placements:the division representative shall email orders to the contractor's assigned point-of-contact for the County or place orders. 3.4. Order Processing: If the contractor is unable to process the order within three(3)business days,the contractor shall inform the division representative immediately if the item is a non-stock item or if it is on backorder, and then provide an estimated delivery date. 3.5. Order Confirmation: shall include,but not limited to: line item number, item description,unit of measure, quantity, unit cost,and extended cost for each item ordered. 3.6. Delivery: Deliveries shall be FOB (Free on Board)Destination. 3.6.1. Delivery hours are Monday through Friday from 8:00 a.m.to 3:30 p.m. EST. There will be no deliveries Page 1 of 2 16A17 after 3:30 p.m.EST, or on 11 County observed holidays which County offices are closed: New Year's Day,Martin Luther King Jr.Day,President's Day,Memorial Day,Independence Day,Labor Day, Veteran's Day,Thanksgiving Day,Friday after Thanksgiving Day,Christmas Eve,and Christmas day. 3.6.2. The contractor shall contact the County representative that placed the order,no less than 24 hours in advance,to coordinate or notify them of the delivery. 3.6.3. The division has the final authority as to the quality and acceptability of any products. Any product delivery found to be defective or incorrect(order errors on behalf of the contractor)shall be returned to the contractor at the contractor's expense. 3.7. Key Personnel: Contractor shall provide the division with key personnel, and an assign a Project Manager, Supervisor, and Crew Leader. 3.7.1. Contact information must be provided to division at the contract kick-off meeting. It must include emails, business, and cell phone numbers. 3.7.2. Contact employees must be English speaking and effectively communicate with Division staff. 3.7.3. Work issued to the contractor's Project Manager must provide their full attention ensuring the schedule progresses and work remains constant. 3.7.4. Key personnel absence,the contractor shall immediately notify Division with substitution personnel providing their names and contact information via email. 3.7.5. Division reserves the right to remove key personnel from the contract that fails to effectively communicate with staff. 3.8. Meetings; Either party may request meetings throughout the contract term, and it may require mandatory attendance. There are no additional costs to the County for these meetings. 3.9. Modifications (Post Contract Award):may include,but not be limited to, adding items, deleting items,or a product name modifications.Line item products may become obsolete and replaced with a new products or product names. Those items will require an Amendment to Exhibit B Fee Schedule to have deletions or additions. 3.10. Utilities: Contractor shall be responsible in exercising pre-cautions while working near utilities. Before digging, contractors are required to call Sunshine 811 at 811 or 800-432-4770,Monday—Friday from 7:00 a.m.—5:00 p.m. Sunshine 811 requires two (2)full business days' notice.Any damage to utilities is the Contractor's sole responsibility, and at no cost to the County. 3.11. Materials Markup Percentage: the percentage for non-bid line items is 10%. Reimbursement of non-bid line items requires the contractor to submit the receipts showing the cost of goods to verify markup percentages. Failure to provide backup receipts showing costs of goods will result in invoice rejection. 3.12. Compensation: Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. 3.12.1. Invoices shall be reviewed for approval for line items or services completed that is satisfactory by the division. 3.12.2. Non-bid line item purchases shall have markup percentage applied with receipts provided for costs verification. 3.12.3. Invoices will be rejected for inaccurate information and insufficient backup documentation. 3.12.4. Invoices must include, at a minimum: Division Name,Contract Number,Purchase Order Number, Work Order Number(if applicable),Details of Services Performed or Commodities Purchased(line item numbers and descriptions),and if there are Non-Bid Line Items,the contractor's cost for each item plus the percentage markup. Page 2 of 2 16A17 Exhibit B Fee Schedule following this page (containing 7 pages) Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A17 Invitation to Bid(ITB)No.20-7681 Motorola Irrigation Central Control System Parts and Services Contemporary Controls& PACKAGE 1-A/C IRRINET M 12 STATION Communications Item Product Number Description Qty Unit Unit Price Total I.1 F4864A-M IRRInet-M AC 12 DO and 4 DI, (Radio Ready) 1 Each $1,214.06 $ 1,214.06 1.2 88.RADI0.003 Radio-XPR 5350 UHF Radio w/Radio Kit 1 Each $1,068.75 $ 1,068.75 1.3 OPTION 2-70072 Antenna-Yagi Antenna 7.1db(N Female) I Each $200.00 $ 200.00 1.4 FPM5012 Power Supply-IRRInet PS 1 I5VAC/12VDC 1 Each $231.27 $ 231.27 1.5 15348 Transfomier-1 15 Volt r@ 3.125 Amp Transformer 1 Each $76.57 $ 76.57 1.6 DTK-120SRD Surge Protector-120 V 1 Each $184.69 $ 184.69 1.7 MLB-I2-AC Motorola 12 Station A/C Lighting Board 1 Each $378.00 $ 378.00 1.8 LEV T7299-W LEV T7299-W TR GFCUSwitch Combo I Each $38.11 $ 38.11 1.9 CRS-H TP403 Single Gang Box 1 Each $3.91 $ 3.91 1.10 PS1270F Battery-12 Volt 7Ah 1 Each $54.96 $ 54.96 1.11 SB-24DSS or Equivalent Double Door Stainless Steel Enclosure 1 Each $ 3,987.00 24WX36HX24D $3,987.00 1.12 PED-24DSS or Equivalent 24"Stainless Steel Pedestal 1 Each $983.00 $ 983.00 1.13 Assembly and Vendor Delivered I Each $595.00 $ 595.00 PACKAGE 2-A/C IRRINET M 24 STATION Item Product Number Description Qty Unit Unit Price Total 2.1 MOSCAD:F4860A:88.MAC.011 IRRInet-M AC 24D0/8DI,W/O Radio 1 Each $1,617.19 $ 1,617.19 2.2 88.RADI0.003 Radio-XPR 5350 UHF Radio w/Radio Kit 1 Each $1,068.75 $ 1,068.75 2.3 OPTION 2-70072 Antenna-Yagi Antenna 7.1db(N Female) I Each $200.00 $ 200.00 2.4 FPM5012 Power Supply-IRRINET PS II5VAC/12VDC 1 Each $231.27 $ 231.27 2.5 15348 Transformer-115 Volt Cn 3.125 Amp Transformer 1 Each $ 76.57 $76.57 2.6 DTK-120SRD Surge Protector-120 V 1 Each $184.69 $ 184.69 2.7 MLB-I2-AC Motorola 12 Station A/C Lighting Board 2 Each $378.00 $ 756.00 2.8 5299 GFI W/Switch and Cover Leviton(15Amp) 1 Each $38.11 $ 38.11 2.9 CRS-H TP403 Single Gang Box 1 Each $3.91 $ 3.91 2.10 PS127OF Battery-12 Volt 7Ah 1 Each $54.69 $ 54.69 2.1 I SB-24DSS or Equivalent Double Door Stainless Steel Enclosure 1 Each $ 3,987,00 24WX36HX24D $3,987.00 2.12 PED-24DSS or Equivalent 24"Stainless Steel Pedestal 1 Each $983.00 $ 983.00 2.13 Assembly and Vendor Delivered I Each $680.00 $ 680.00 PACKAGE 3-A/C IRRINET M 36 STATION Item Product Number Description Qty Unit Unit Price Total 3.1 F4860A:88.MAC.011 IRRInet-M AC 24D0/8DI,W/O Radio 1 Each $1,617.19 $ 1,617.19 3.2 F4860A:88.MAC.010 IRRInet-M AC 12 DO and 4 DI Without Radio I Each $ 1,214.06 $1,214.06 3.3 88.RADI0.003 Radio-XPR 5350 UHF Radio w/Radio Kit 1 Each $1,068.75 $ 1,068.75 3.4 OPTION 2-70072 Antenna-Yagi Antenna 7.1db(N Female) I Each $200.00 $ 200.00 3.5 FPM5012 Power Supply-IRRINET PS 115VAC/12VDC 1 Each $231 27 $ 231.27 3.6 15348 Transformer-115 Volt @ 3.125 Amp Transformer 1 Each $76 57 $ 76.57 3.7 DTK-120SRD Surge Protector-120 V 1 Each $184.69 $ 184.69 3.8 MLB-I2-AC Motorola 12 Station A/C Lighting Board 3 Each $378.00 $ 1,134.00 3.9 5299 GF1 W/Switch and Cover Leviton(15Amp) I Each $38.11 $ 38.11 3.10 CRS-H TP403 Single Gang Box I Each $3.91 $ 3.91 3.11 PSI270F Battery-12 Volt 7Ah 1 Each $54.69 $ 54.69 3.12 SB-24DSS or Equivalent Double Door Stainless Steel Enclosure 1 Each $ 3,987.00 24WX36HX24D $3,987.00 3.13 PED-24DSS or Equivalent 24"Stainless Steel Pedestal 1 Each $983.00 $ 983.00 3,14 Assembly and Vendor Delivered 1 Each $765.00 $ 765.00 Page 1.of 7 CAO 16A17 Item I Product Number I Description I OtY I Unit I Unit Prim I Total PACKAGE 4-A/C IRRINET M 48 STATION Item Product Number Description Qty Unit Unit Price Total 4.1 F4860A:88.MAC.011 IRRInet-M AC 24 DO and 8 DI,(Radio Ready) 2 Each $1,617.19 $ 3,234.38 4.2 88.RADIO.003 Radio-XPR 5350 UHF Radio w/Radio Kit 1 Each $1,068.75 $ 1,068.75 4.3 OPTION 2-70072 Antenna-Yagi Antenna 7.1db(N Female) 1 Each $200.00 $ 200.00 4.4 FPM5012 Power Supply-IRRINET PS 115VAC/12VDC 1 Each $231.27 $ 231.27 4.5 15348 Transformer-115 Volt @ 3.125 Amp Transformer 1 Each $76.57 $ 76.57 4.6 DTK-120SRD SurgeProtector-120V 1 Each $184.69 $ 184.69 4.7 MLB-I2-AC Motorola 12 Station A/C Lighting Board 4 Each $378.00 $ 1,512.00 4.8 5299 OFI W/Switch and Cover Levi ton(l5Amp) 1 Each $38.11 $ 38.11 4.9 CRS-H TP403 Single Gang Box I Each $3.91 $ 3.91 4.10 PS 1270F Battery-12 Volt 7Ah 1 Each $54.69 $ 54.69 4.1 I SB-24DSS or Equivalent Double Door Stainless Steel Enclosure 1 Each $ 3,987.00 24WX36HX24D $3,987.00 4.12 PED-24DSS or Equivalent 24"Stainless Steel Pedestal 1 Each $983.00 $ 983.00 4.13 Assembly and Vendor Delivered 1 Each $765.00 $ 765.00 PACKAGE 5: IRRINET M-DC 12 STATION Item Product Number Description Qty Unit Unit Price Total 5.1 F4960A:88.MDC.001 IRRInet M-DC 12 DO and 4 DI,(Radio Ready) I Each $1,225.25 $ 1,225.25 5.2 88.RADIO.003 Radio-XPR 5350 UHF Radio w/Radio Kit I Each $1,068.75 $ 1,068.75 5.3 OPTION 2-70072 Antenna-Yagi Antenna 7.1db(N Female) 1 Each $200.00 $ 200.00 5.4 MLB-1 2-DC Surge Protector DC 4 IN/12 OUT I Each $378.00 $ 378.00 5.5 MLB-DC-ABL D/C Manual Activation Board I Each $206.25 $ 206.25 5.6 34965 or Equivalent Sunsaver 10 Voltage Regulator 1 Each $81.25 $ 81.25 5.7 BSP65-12 65 Watt 12V Solar Panel I Each $585.94 $ 585.94 5.8 SPBLG Solar Panel Bracket(Large) I Each $125.00 $ 125.00 5.9 BBF27DM24(or Equivalent) Battery(Heavy Duty Marine) 1 Each $142.50 $ 142.50 5.10 BK730-4009(or Equivalent) Battery Box I Each $28.13 $ 28.13 5.11 SB-18SS(or Equivalent) SS Enclosure 18W X 36H X 12D 1 Each $2,256.00 $ 2,256.00 5.12 PED-18SS(or Equivalent) SS Pedestals 18W X 12H X IOD 1 Each $631.00 $ 631.00 5.13 Schedule 40 Conduit 2"x 10'Galvanized Pipe 1 Each $87.51 $ 87.51 5.14 Assembly and Vendor Delivered 1 Each $596.00 $ 596.00 • Page 2 of 7 16A17 Item I Product Number I Description I Qty I Unit I Unit Price I Total PACKAGE 6-IRRINET M-DC 24 STATION(MASTER 1ST RADIO ONLY) . Item Product Number Description Qty Unit Unit Price Total 6.1 MOSCAD:F4960A:88.MDC.002 IRRInet M-DC 24 DO and 8 DI,(Radio Ready) I Each $ 1,523.44 $ 1,523.44 6.2 88.RADIO.003 Radio-XPR 5350 UHF Radio w/Radio Kit 1 Each $ 1,068.75 $ 1,068.75 6.3 OPTION 2-70072 Antenna-Yogi Antenna 7.1db(N Female) I Each $ 200.00 $ 200.00 6.4 MLB-I 2-DC Surge Protector DC 4 IN/12 OUT 2 Each $ 378.00 $ 756.00 6.5 MLB-DC-ABL D/C Manual Activation Board 2 Each $ 206.25 $ 412.50 6.6 34965 or Equivalent Sunsaver I O Voltage Regulator 1 Each $ 81.25 $ 81.25 6.7 BSP65-12 65 Watt 12V Solar Panel I Each $ 585.94 $ 585.94 6.8 SPBLG Solar Panel Bracket(Large) 1 Each $ 125.00 $ 125.00 6.9 BBF27DM24(or Equivalent) Battery(Heavy Duty Marine) 1 Each $ 142.50 $ 142.50 6.10 BK730-4009(or Equivalent) Battery Box I Each $ 28.13 $ 28.13 6.11 SB-I8SS(or Equivalent) SS Enclosure 18W X 36H X 1213.. I Each $ 2,256.00 $ 2,256.00 6.12 PED-I8SS(or Equivalent) SS Pedestals 18W X 12H X IOD 1 Each $ 631.00 $ 631.00 6.13 Schedule 40 Conduit 2"x 10'Galvanized Pipe 1 Each $ 87.50 $ 87.50 6.14 Assembly and Vendor Delivered 1 Each $ 680.00 $ 680.00 PACKAGE 7-IRRINET M-DC 36 STATION Item Product Number Description Qty Unit Unit Price Total 7.1 MOSCAD:F4960A:88.MDC.002 IRRInet M-DC 24 DO and 8 DI,(Radio Ready) I Each $1,523.44 $ 1,523.44 7.2 MOSCAD:F4960A:88.MDC.001 IRRInet-M DC 12 DO and 4 DI,without radio I Each $1,225.25 $ 1,225.25 7.3 88.RADIO.003 Radio-XPR 5350 UHF Radio w/Radio Kit I Each $1,068.75 $ 1,068.75 7.4 OPTION 2-70072 Antenna-Yagi Antenna 7.1db(N Female) I Each $200.00 $ 200.00 7.5 MLB-12-DC Surge Protector DC 4 IN/12 OUT 3 Each $378.00 $ 1,134.00 7.6 MLB-DC-ABL D/C Manual Activation Board 3 Each $206.25 $ 618.75 7.7 34965 or Equivalent Sunsaver l0 Voltage Regulator 1 Each $81.25 $ 81.25 7.8 BSP65-12 65 Watt 12V Solar Panel I Each $585.94 $ 585.94 7.9 SPBLG Solar Panel Bracket(Large) 1 Each $125.00 $ 125.00 7.10 BBF27DM24(or Equivalent) Battery(Heavy Duty Marine) I Each $142.50 $ 142.50 7.11 BK730-4009(or Equivalent) Battery Box 1 Each $28.13 $ 28.13 7.12 SB-24SS(or Equivalent) SS Enclosure 24W x 36H x 121D 1 Each $2,600.00 $ 2,600,00 7.13 PED-24SS(or Equivalent) SS Pedestals 24W X I2H X IOD 1 Each $735.00 $ 735.00 7.14 Schedule 40 Conduit Galvanized Pipe 2"x 10' I Each $87.51 $ 87.51 7.15 Assembly and Vendor Delivered 1 Each $765.00 $ 765.00 PACKAGE 8-IRRINET M-DC 48 STATION Item Product Number Description Qty Unit Unit Price Total 8.1 MOSCAD:F4960A:88.MDC.002 IRRInet M-DC 12 DO and 4 DI,(Radio Ready) 2 Each $1,523.44 $ 3,046.88 8.2 Radio-XPR 5350 UHF Radio w/Radio Kit I Each $1,068.75 $ 1,068.75 8.3 OPTION 2-70072 Antenna-Vagi Antenna 7.1 db(N Female) I Each $200.00 $ 200.00 8.4 MOSCAD:MLB-I2-AC Surge Protector DC 4 IN/12 OUT 4 Each $378.00 $ 1,512.00 8.5 MLB-DC-ABL D/C Manual Activation Board 4 Each $206.25 $ 825.00 8.6 34965 or Equivalent Sunsaver 10 Voltage Regulator 1 Each $81.25 $ 81.25 8.7 BSP65-12 65 Watt l2V Solar Panel I Each $585.94 $ 585.94 8.8 SPBLG Solar Panel Bracket(Large) 1 Each $125.00 $ 125.00 8.9 BBF27DM24 or Equivalent Battery(Heavy Duty Marine) 1 Each $142.50 $ 142.50 8.10 BK730-4009 or Equivalent Battery Box 1 Each $28.13 $ 28.13 8.11 SB-24SS or Equivalent SS Enclosure 24W X 3611 X 12D 1 Each $2,600.00 $ 2,600.00 8.12 PED-24SS or Equivalent SS Pedestals 24W X 1214 X IOD 1 Each $735.00 $ 735.00 8.13 Schedule 40 Conduit 2"x 10'Galvanized Pipe I Each $87.51 $ 87.51 8.14 Assembly and Vendor Delivered 1 Each $765.00 $ 765.00 Item Product Number Description Qty Unit Unit Price Total 9.1 F4604A PIU-XR Controller UHF Radio 450-470 MHZ I Each $ 864.50 $864.50 9 2 Assembly and Vendor Delivered 1 Each $ 85.00 585.00 Page 3 of 7 C 16A17 Item I Product Number I Description I Oty I Unit I Unit Price I Total PACKAGE 10: PICCOLO XR IOUT/1IN Item Product Number Description Qty Unit Unit Price Total PICCOLO-XR 1/1 Radio Rtu,Rechargeable battery, 966.88 $96688 solar panel,enclosure installation kit I Each 10.1 IIXR.AG.051 . $ 10.2 FAE5534A Pole Mounting Antenna 1 Each $150.00 $ 150.00 10.3 Schedule 40 Conduit 2"x 10'Galvanized Pipe 1 Each $87.51 $ 87.51 10.4 Assembly and Vendor Delivered 1 Each $85.00 $ 85.00 PACKAGE 11: PICCOLO XR 2OUT/2IN , Item Product Number Description Qty Unit Unit Price Total PICCOLO-XR 2/2 Radio Rtu,6V 11 I XR.AG.052 4.5AH,Rechargeable battery,solar panel,enclosure 1 Each installation kit $1,054.63 $1,054.63 11.2 FAE5534A Pole Mounting Antenna 1 Each $150.00 $150.00 11.3 Schedule 40 Conduit 2"x 10'Galvanized Pipe 1 Each $87.51 $87.51 11.4 Assembly and Vendor Delivered 1 Each $85.00 $85.00 PACKAGE 12:-PICCOLO XR 4OUT/41N Item Product Number Description Qty Unit Unit Price Total PICCOLO-XR 4/4 Radio Rtu,6V 12.1 XR.AG.053 4.5AH,Rechargeable battery,solar panel,enclosure I Each $ 1,153.75 installation kit $1,153.75 12.2 FAE5534A Pole Mounting Antenna 1 Each $150.00 $ 150.00 12.3 Schedule 40 Conduit 2"x 10'Galvanized Pipe 1 Each $87.51 $ 87.51 12,4 Assembly and Vendor Delivered 1 Each $85.00 $ 85.00 CATEGORY 13: PARTS Item Product Number Description Qty Unit Unit Price Total 13.1 F4860A:88.MAC.0l0 IRRInet-M AC 12 DO and 4 DI, 1 Each $1,214.06 $ 1,214.06 13.2 88.RADI0.003 Radio-XPR 5350 UHF Radio w/Radio Kit 1 Each $1,068.75 $ 1,068.75 . 13.3 OPTION 2-70072 Antenna-Yogi Antenna 7.1db(N Female) I Each $200.00 $ 200.00 13.4 FPM5012 Power Supply-IRRInet PS 115VAC/12VDC 1 Each $40.01 $ 40.01 13.5 15348 Transformer-I 15 Volt @ 3.125 Amp Transformer 1 Each $76.57 $ 76.57 13.6 DTK-120SRD Surge Protector-120 V I Each $184.69 $ 184.69 13.7 MLB-I2-AC Motorola 12 Station A/C Lighting Board 1 Each $378.00 $ 378.00 13.8 LEV T7299-W LEV T7299-W TR GFCl/Switch Combo(15Amp) 1 Each $38.11 $ 38.11 13.9 CRS-I-I TP403 Single Gang Box I Each $3.91 $ 3.91 13.10 PSI270F Battery-12 Volt 7Ah 1 Each $54.69 $ 54.69 Double Door,Stainles Steel Enclosure I Each $3,987.00 $ 3,987.00 13.11 SB-24DSS or Equivalent 24WX36HX24D 13.12 PED-24DSS or Equivalent 24"Stainless Steel Pedestal I Each $983.00 $ 983.00 13.13 MOSCAD:F4960A:88.MDC.001 IRRInet M-DC 12 DO and 4 DI 1 Each $1,225.25 $ 1,225.25 13.14 F4860A:88.MAC.011 IRRInet-M AC 24D0/SDI,W/O Radio 1 Each $ 1,617.19 $1,617.19 13.15 MOSCAD:F4960A:88.MDC.002 IRRInet M-DC 24 DO and 8 DI,(Radio Ready) 1 Each $ 1,523.44 $1,523.44 13.16 MLB-DC-ABL D/C Manual Activation Board I Each $ 206.25 $206.25 13.17 34965 or Equivalent Sunsaver 10 Voltage Regulator I Each $ 81.25 $81.25 13.18 BSP65-12 65 Watt 12V Solar Panel I Each $ 585.94 $585.94 Page 4 of 7 16A17 Item Product Number Description Qty Unit Unit Price Total 13.19 SPBLG Solar Panel Bracket(Large) I Each $ 125.00 $125.00 13.20 BBF27DM24 or Equivalent Battery(Heavy Duty Marine) I Each $ 142.50 $142.50 13.21 BK730-4009 or Equivalent Battery Box 1 Each $ 28.13 $28.13 13.22 SB-18SS or Equivalent Stainless Steel Enclosure 18W X 36H X l2D 1 Each $ 2,256.00 $2,256.00 13.23 PED-I8SS or Equivalent Stainless Steel Pedestal I8W X I 2H X IOD 1 Each $ 631.00 $631.00 13.24 Pipe 2"x 10'Galvanized Pipe I Each $ 87.51 $87.51 13.25 F4604A PIU-XR Controller UHF Radio 450-470 MHZ I Each $ 864.50 $864.50 13.26 #XR.AG.051 PICCOLO-XR I/l Radio Rtu,Rechargeable battery, I Each $ 966.88 solar panel,enclosure installation kit $966.88 PICCOLO-XR 2/2 Radio Rtu,6V 13.27 XR.AG.052 4.5AH,Rechargeable battery,solar panel,enclosure 1 Each $ 1,054.63 installation kit $1,054.63 PICCOLO-XR 4/4 Radio Rtu,6V 13.28 XR.AG.053 4.5AH,Rechargeable battery,solar panel,enclosure 1 Each $ 1,153.75 installation kit $1,153.75 13.29 FAE5534A PICCOLO Pole Mounting Antenna 1 Each $ 150.00 $150.00 13.30 SB-24SS or Equivalent SS Enclosure 24W X 36H X I2D 1 Each $ 3,987.00 $3,987.00 13.31 PED-24S5 or Equivalent SS Pedestals 24W X 12H X IOD I Each $ 983.00 $983.00 13.32 Master Distributors:27E121 Relay Socket DC Latch II Pin 1 Each $14.25 $ 14.25 or Equivalent 13.33 Master Distribu[ors:KULI lDl SD- 12v Latching Relay I Each $67.06 $ 67,06 12V or Equivalent 13.34 MOTOROLA INC.:FKN444IA Irrinet I2V Power Cable 1 Each $ 29.00 $ 29.00 13.35 MOTOROLA INC.:FKN5934A External DC Power Cable Kit 1 Each $ 34.00 $ 34.00 13.36 MOTOROLA INC.:FKN5952A Cable N Female to MCS Radio Conn(Brown) I Each $ 45.31 $ 45.31 13.37 MOTOROLA INC.:V377AD PIU DIOS Application 1 Each $ 390.64 $ 390.64 13.38 F4960A:88.MDC.001 IRRInet-M DC 12 DO and 4 DI,without radio 1 Each $ 1,225.25 $ 1,225.25 13.39 F7564N451 ACE3600 with CDM750 403-512 MHZ Add:V451 1 Each $ 2,890.63 $ 2,890.63 to upgrade to ACE CPU3640 13.40 FLN3696 Motorola ACE plug in Radio Port I Each $ 184.00 $ 184.00 13.41 50537 450-460 5.odB Fiberglass antenna omni with N I Each $ 664.74 $ 664.74 female Connector 13.42 70072 Yagi Antenna 450-470U1-tF 7.1 db(N Female) 1 Each $ 158.33 $ 158.33 13.43 62952 Bulkhead Arrestor,N/F-N/M 1 Each $ 86.77 $ 86.77 13.44 14515 N Male Crimp-9913/LMR400 1 Each $ 6.23 $ 6.23 TWS400 coaxial cable(2 cabloes approximately 150' 13.45 380348 each)Use existing FPN5128A Motorola Supply and 1 Each $ 243.00 $ 243.00 back up battery. 13.46 67641 Mounting Clamps(DB370) 1 Each $ 618.21 $ 618.21 13.47 789-0106 0034,1522 5x2Omm 4 AMP Fuse 1 Each $ 1.05 $ 1.05 Page Sof7 16A17 Item Product Number Description Qty Unit Unit Price Total 13.48 846-0100 01550100Z,Fuse Holder 1 Each $ 4.50 $ 4.50 13.49 24419 10'x1 1/4"18 Gauge Prega Swagged at one end I Each $ 27.30 $ 27.30 13.50 Moscad-Ace 254_2 Wire Module Ace 2 Wire Module 1 Each $ 2,179.69 $ 2,179.69 13.51 Moscad:F7564:V616 Ace 16DO Module 1 Each $ 692.97 $ 692.97 13.52 Moscad:F7564:V480 Ace 16DI I Each $ 450.13 $ 450.13 13.53 Moscad:FKN 8466 Cables 40 Wire Each I Each $ 187.50 $ 187.50 13.54 Moscad:TW/MOTI Decoder_I Station I Each $ 112.50 $ 112.50 13.55 Woods steel D:BPE45T 2"Sch 10 Pipe 20' I Each $ 175.00 $ 175,00 13.56 Moscad-FAE5532A Antenna for Piccolo XR I Each $ 32.03 $ 32.03 13.57 DC-P Decoder Programmer 1 Each $ 298.44 $ 298.44 13.58 Tessco:19366 or Equivalent Mini UHF Crimp Connector I Each $ 2.65 $ 2.65 13.59 Tessco:20573 or Equivalent Polyphaser N Female/N Female I Each $ 90.02 $ 90.02 13.60 Tessco:29777 or Equivalent Universal Clamp I Each $ 37.50 $ 37.50 13.61 Tessco:37748 or Equivalent Cable Tie 1 Each $ 0.15 $ 0.15 13.62 Tessco:491773 or Equivalent 6"Black Whip Antenna for Piccolo XR I Each $ 32.03 $ 32.03 13.63 Tessco:68590 or Equivalent Ground Rod Clamps 1 Each $ 8.50 $ 8.50 13.64 Tessco:68869 or Equivalent 1-5/8X3-1/2X1/4-20 U-Bolt Mount I Each $ 15.50 $ 15.50 13.65 Tessco:7093I or Equivalent Polyphaser,UHF Female 1 Each $ 96.25 $ 96.25 13.66 Tessco:92363 or Equivalent Bulkhead Arrestor,N/F-N/M I Each $ 86.77 $ 86.77 13.67 11.0282 Pulse 11 Interface Unit for Aquacheck Probes I Each $ 157.81 $ 157.81 13.68 11.0285 Aqua Check Sub Surface MOD 600 MM I Each $ 754.69 $ 754.69 A. CONTRACTOR IN-HOUSE SERVICE REPAIRS Item Description Hourly Rate 14.1 Motorola Technician-service evaluation and diagnostic assessment $ 90.00 14.2 Motorola Programming Engineer II-service evaluation and diagnostic assessment $ 150.00 14.3 Engineer Consulting computer management,programming,central and field programming,work $ 90.00 flow management,troubleshooting B: CONTRACTOR ON-SITE FIELD SERVICE REPAIRS Item Description Hourly Rate 14.5 On site-General Field Services(Certified Motorola Technican) $ 90.00 14.6 On site-General Field Services(Motorola Engineer II) $ 150.00 14.9 Field Labor: Additional Laborer Charge $ 90,00 Page 6 of 7 CAO 16A17 Item I Product Number I Description I Oty I Unit I Unit Price I Total C: MOTOROLA CONTRACTOR SERVICE REPAIR FEES FOR RADIOS&CONTROLERS Flit Rite Repair Fee Item Product Number Description Per Unit 14.11 F4964A,F4960A Irrinet M-DC 12 DO $ 514.00 14.12 FUE 1050A&V951 AP HT750 Radio UHF 450-512 Mhz $ 407.00 14.13 F4173,F4174 Basic ICC:CPU $ 542.00 14.14 F4185,F4I86&F4109 Basis ICC:Power Supply $ 308.50 14.15 F2809,F2853 Irrinet Basic Unit:CPU $ 407.00 14.16 FPN5128A Irrinet Basic Unit:Power Supply $ 542.66 (F2873,F2814,F2874,F2875) 14.17 F2611&F2614 Piccolo RTU $ 527.80 14.18 MLB-8-AC Motorola 8 Station AC Lightening Board $ 125.00 14.19 MLB-I2-AC Motorola 12 Station AC Lightening Board $ 150.00 14.20 F4604A Piccolo PIU $ 527.80 14.21 F4614A 6XR.AG.051 Piccolo XR 1/1 $ 527.80 14.22 F4614A/V379 Piccolo-XR 2/2 $ 527.80 14.23 F4614A/V118 Piccolo-XR 4/4 $ 527.80 Page 7 of 7 It 16A17 Description: I-1 following this page (containing pages) I I this exhibit is not applicablc Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 16A17 A CERTIFICATE OF LIABILITY INSURANCE103/04/2020 DATE(MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS0E R.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTERTIHE COVERAGE AFFORDED ABY 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 NAME: KEITH ROSSELL LEHIGH/LABELLE INSURANCE r,H,°N,F„).(239)368-3403 �AAc,Nn):(239)368-3348 403 JOAN AVENUE N#C aonRFss: LEHIGHINSURANCE@CARLOCKINSURANCE.COM LEHIGH ACRES,FL 33971 INSURER(S)AFFORDING COVERAGE NAIC# _ INSURER A: SOUTHERN-OWNERS INS CO INSURED INSURER B: AUTO-OWNERS INS CO CONTEMPORARY CONTROLS&COMMUNICATIONS INC ,INSURER C: LLOYD'S OF LONDON 505 W HICKPOCHEE AVENUE AUITE#200 INSURER D: BOX#107 INSURER E_: LABELLE,FL 339354721 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR LTR TYPE OF INSURANCE _JNSR WVn POLICY NUMBER /MM/DDY/YY EFF IMM DD/YYYY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $1,000,000 A X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Fa ncnurren-e) $300,000 CLAIMS-MADE X OCCUR X X 20052036 11/15/19 11/15/20 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE , $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 1 POLICY TR-i: LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Fa accident) s 1,000,000 B ANY AUTO BODILY INJURY(Per person) $ AUTOS NED j( SCHEDULED 9542586200 06/05/19 06/05/20 BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE $ (Par accident) X UMBRELLA LIAR X OCCUR $ A EXCESS LIAR CLAIMS-MADE 9542586201 EACH OCCURRENCE $2,000,000 11/15/19 11/15/20 AGGREGATE $2,000,000 DED RETENTION$ WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY WC STATU- OTH- T(1RY I IMITC ER ANY PROPRIETOR/PARTNER/EXECUTIVC OFFICER/MEMBER EXCLUDED? N/A E.L.EACH ACCIDENT $ (Mandatory In NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C TECHNOLOGY E&0 WG00002867AA 02/26/2020 02/26/2021 LIABILITY LIMIT: $1,000,000 A PROFESSIONAL LIABILITY X 20052036 03/03/2020 11/15/2020 LIABILITY LIMIT: $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space Is required) BELOW IS LISTED AS AN ADDITIONAL INSURED TO THE GENERAL LIABILITY POLICY CERTIFICATE HOLDER CANCELLATION COLLIER COUNTY BOARD OF COUNTY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE COMMISSIONERS THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 TAMIAMI TRAIL E. NAPLES,FL 34112 AUTHORIZED REPRESENTATIVE • /' <CB> Phone:(239)252-8097 � �'”" I Fax:(239)252-3602 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD 16A17 Agency Code 12-0151-00 Policy Number 112312-20052036 COMMERCIAL GENERAL LIABILITY 55202(12-04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED EXCLUSION - PRODUCTS-COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization(Additional Insured): CITY OF BOCA RATON I COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS/ TMG/FSE JV,LLC(THE MILBORNE GROUP,FbUFF-SEASONS ENVIRONMENTAL)? (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Under SECTION I-COVERAGES, COVERAGE A. The limits of liability for the Additional Insured are BODILY INJURY AND PROPERTY DAMAGE those specified in the written contract or agreement LIABILITY,2. Exclusions, the following exclusion is between the insured and the owner, lessee or con- added: tractor, not to exceed the limits provided in this policy. These limits are inclusive of and not in ad- 2. Exclusions dition to the limits of insurance shown in the Decla- rations. This insurance does not apply to: D. Under SECTION IV-COMMERCIAL GENERAL The Additional Insured for the"products-corn- LIABILITY CONDITIONS,4.Other Insurance,the pleted operations hazard". following is added: B. Under SECTION II -WHO IS AN INSURED, the This insurance is primary for the person or organ- following is added: ization shown in the Schedule, but only with respect to liability arising out of"your work"for that person The person or organization shown in the above or organization by or for you. Other insurance Schedule is an Additional Insured, but only with re- available to the person or organization shown in the spect to liability arising out of"your work"for that Schedule will apply as excess insurance and not insured by or for you. contribute as primary insurance to the insurance provided by this endorsement. C. Under SECTION III-LIMITS OF INSURANCE,the following is added: Includes copyrighted material of Insurance Services Office., Inc., with its permission. 55202 (12-04) Copyright, Insurance Services Office, Inc., 1984, 2003. 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