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#20-7786 (Pro Sound & Video)
FIXED FEE PROFESSIONAL SERVICE AGREEMENT # 20-7786 for Broadcast and Audio/Video Maintenance, Repair and Design Services .vN1/4 THIS AGREEMENT, made and entered into on thiscic ' day ofne,, , 20 21 ,by and between Pro Sound, Inc. d/b/a Pro Sound & Video , authorized to do business in the State of Florida, whose business address is 1375 NE 123rd Street, Miami, FL 33161 ,(the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. The Agreement shall be for a three (3 ) year period, commencing I■I upon the date of Board approval; e 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 ■I Purchase Order ❑ Ne e--te--PFoeeed Wer-k II4def:- 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of ■ Request for Proposal (RFP) I I tnv+tat+eel-te tdtTB Other ( ) # 20-7786 , 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 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) 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. 3.2 The execution of this Agreement shall not be a commitment to the Contractor to order any minimum or maximum amount. The County shall order items/services as required but makes no guarantee as to the quantity, number, type or distribution of items/services that will be ordered or required by this Agreement. 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): • Lump Sum (Fixed Price): A firm fixed total price offering for a project; the risks are transferred from the County to the contractor; and, as a business practice there are no hourly or material invoices presented, rather, the contractor must perform to the satisfaction of the County's project manager before payment for the fixed price contract 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. I I -Rice: The County -grees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.)for a repetitive product ton, delivery price per package or carton, ctc.). 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). Page 2 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) 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. 4.4 ❑■ Travel and Reimbursable Expenses: Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: Mileage $0.44.5 per mile Breakfast $6.00 Lunch $11.00 Dinner $19.00 Airfare Actual ticket cost limited to tourist or coach class fare Rental car Actual rental cost limited to compact or standard-size 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 Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges, fax charges, photocopying charges and postage. Reimbursable items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations 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: Pro Sound, Inc. cl/b/a Pro Sound & Video Address: 1375 NE 123rd Street Miami, FL 33161 Authorized Agent: Rod Sintow, CEC) Attention Name & Title: Mark Wilson, Account Executive Page 3 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) Telephone: (305) 891-1000 E-Mail(s): Rsintowcprosound.net; mwilsonprosound.net All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Michael Cox, Director - Operations Support Division Name: Operations Support & Public Information Division Address: 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Administrative Agent/PM: Troy Miller, Manager Telephone: (239) 252-3853 E-Mail(s): Troy.Miller(a�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 Page 4 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) 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. 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 the 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. n 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 $ 500,000 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. III 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. 11 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. n Cyber ;alit., Coverage shall have Pfl tifRits of $ per occurrence. Page 5of15 Fixed Price Professional Service Agreement#2017-001(Ver.3) • of$ per occurrence. G- n Watercraft: Coverage shall have minimum limits of $ per .1=1, , be maintained where applicable to the completion of the work$ per occurrence. I I ' • $ per occurrence. /other)• Covers a�c shaill-hay.e 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 Page 6 of 15 Fixed Price Professional Service Agreement 112017-001 (Ver.3) 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 Operations Support & Public Information 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 Services, Exhibit B Fee Schedule, • RFP/ n n Other ( ) #20-7786 including Exhibits, Attachments and Addenda/Addendum, , and : 17. APPLICABILITY. Sections corresponding to any checked box ( MI will 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: Page 7 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.3) 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: 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) 252-8999 Email: PublicRecordRequestZ colliercountyfl.gov 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 Page 8 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) 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. 22. 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. 23. 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. 24. 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. 25. 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. 26. this project shall be knowledge able in their areas of expertise. The County reserves Page 9 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.3) • commercially reasonable efforts to notify Collier County within seven (7) days of the ■ 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. 27. n 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. n • 28. 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. 29. 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. Page 10 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.3) 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. (Intentionally left blank-signature page to follow) Page 11 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.3) IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA CrystalL3///4-- Kinzel, Clerk of Courts & Compttroller By: , . �C • By ..a PENNY TAY OR , Chair Dated: :'.�. �t i �a-1 r t�s� a 6h I Contr . ' . guesses: Pro Sound, Inc. d/b/a Pro Sound & Video Contractor By: --15, Contractor's First Witness Signature /(,� jsct . cl�,4 1L Lac v/' / K' its! TType/print signature and titleT TType/print witness nameT ctor's Second Witness Ja„ny WA TType/print witness nameT Approv r)as to Form and Legality: *S1s17C Countey �t Name 4)C In c-PA Page 12 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) Exhibit A Scope of Services * following this page (containing 5 page/s) this exhibit is not applicable Page 13 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) RFP#20-7786 "Broadcast and Audio/Video Maintenance, Repair and Design Services" EXHIBIT A SCOPE OF SERVICES The purpose of this Agreement is to provide support services for Crestron branded equipment and software, and other AudioNideo (AN) equipment; along with related installation, training, and ongoing maintenance and repair services. The County may also request design or redesign services for new equipment installations. Collier County has numerous Crestron and AN installations throughout its facilities.The Emergency Operations Center (EOC), which is the County command and control center during a declared emergency, has a significant installation of Crestron branded equipment. This equipment is used to support the AN needs throughout the building. Additional Crestron locations include the Collier County Board Chambers and Collier Television broadcast center, among others. These locations all have a related broadcast television interface and AN systems. In addition, there are multiple installations throughout the County of non-Crestron AN equipment. These installations vary in makeup. The details of these installations can be found in Attachment A, attached hereto.NOTE: Attachment A is not an exhaustive list of the exact equipment needing support, but rather, illustrates the diversity of equipment and locations throughout the County. There may be other equipment not listed in Attachment A that the County may ask the Vendor to service. DETAILED SCOPE OF WORK All locations under the authority of the Collier County Board of County Commissioners are included in this scope. Other Collier County Constitutional Offices may use the Agreement if they so choose. Scope of Services is further outlined below: 1. Scheduled Maintenance& Support Services—Crestron and related (A/V) Equipment 1.1 Scheduled Maintenance Services: a. At a minimum of every six months, the Vendor shall perform an on-site review, check-up and system optimization, including installing any relevant software updates and patches, of all Automation (Crestron and AMX automation),A/V and Broadcast systems at the County EOC,Board of County Commissioners Boardroom and Collier Television broadcast center. One of these on-site checkups should be scheduled just prior to the beginning of the Hurricane season which begins on June 1st.During these scheduled check-ups the Vendor shall furnish and install at no additional charge,Automation related software updates and patches.Prior to any changes being made, the Vendor shall provide EOC and/or Communications (Collier Television) staff with a recommendations report and written estimate of work needed, including any parts or equipment required at that time. The County is under no obligation to follow through with Vendor recommended updates or equipment replacements. b. Although not planned at this time,the County may request the Vendor to provide additional scheduled maintenance,consulting and support at other County locations. 2. On Demand Break-Fix Support and Consulting Services—Automation,Broadcast and A/V Equipment 2.1 Troubleshooting and repair/replacement of Automation,Broadcast and A/V equipment as needed: Page 1 of 5 Exhibit A- Scope of Services a. The Vendor shall respond to break-fix incidents throughout the County. This includes, but is not limited to,the County EOC,Board of County Commissioners Boardroom and Collier Television broadcast center. The County also has additional AN systems located in various library and museum locations as well as meeting and conference rooms in many County facilities. 2.2 Consultative Services: a. It is important to note that at the time of the RFP publication, that Automation, Broadcast and AN support is known at the locations listed in Attachment A. However,the County may expand the use of Automation and/or related AN equipment to new or other locations within the County.In this circumstance the County may ask the Vendor to consult with its Architects or Project Designers to ensure future equipment installations can be maintained and supported in the same manner as being proposed by the Vendor. The Vendor may be requested to recommend Automation,AN or Broadcast infrastructure solutions and installation of equipment; assist with the preparation of bid documents for procurement of new equipment; and respond to Requests for Information (RFIs)during the bidding process. b. The County may request on-site training of County staff in the proper use of any new equipment installations at any County locations, and the preparation of quick-reference operating guides of the County installations and common trouble-shooting steps to take before calling for service. 2.3 Price Structure and Service Level Agreement(SLA): a. A vendor provided Help Desk function with corresponding service level agreement(SLA)is highly desirable but not required.A sample SLA is provided in section 2.4 below.If a Help Desk function is not proposed,the Vendor must at a minimum,provide 24/7 monitored phone numbers and e-mail addresses and/or the contact information of assigned on-call support personnel and their supervisor(s). b. The Vendor shall provide replacement parts and/or equipment during break-fix incidents.The following will apply: i. If the need for equipment repair or replacement becomes apparent,the Vendor will provide a written estimate for the equipment repair or replacement.No repairs or replacements will be completed unless authorized in writing by Collier County. Whenever possible, repairs will be made during the Vendor's initial site visit. Vendor will be encouraged to carry a rolling stock inventory in their responding truck in as much as practical. ii. The cost of equipment,parts and materials shall be included in the Vendor's estimate/proposal submitted to the County's representative and should show cost in addition to any applicable % discount or % mark-up being applied for parts,materials and equipment being proposed. Copies of any referenced price list(s)shall be submitted with the Vendor's estimate or proposal. Mark-ups shall not exceed 10%. iii. Vendor's invoices must clearly align with the estimate/proposal approved by the County's representative. Invoices shall be submitted including supporting documentation for any referenced price lists, and/or when any%discounts or%mark-ups are applicable. iv. Incidental materials/supplies and parts may be invoiced without referencing a price list at the discretion of the County's representative,not to exceed$500 per incident. v. The Vendor shall provide their own tools,vehicles and consumables.These should be factored into the agreed upon labor rates.Travel expenses outside of Lee and Collier County shall be reimbursed at the rates used by Collier County for its employees as per Section 112.061 Fla. Stats. Page 2 of 5 Exhibit A- Scope of Services vi. The County reserves the right to purchase new or replacement equipment along with their corresponding installation services from other vendors. 2.4 SLA—Support and required response timeframes: Severity Definitions a. Low — System operation with minor issues. Suggested enhancements as mutually agreed upon. Typically scheduled and addressed at a future date. b. Medium—Minor system failure but existing workarounds or options available. c. High/Urgent - Complete or partial shutdown of system. Critical functionality unavailable. No known workaround. EXAMPLE SLA TABLE Acknowledge Severity Receipt Response Resolution Low 1 hour Call to ticket 1 - 3 days or schedule (NBH*) submitter Medium 1 hour 4 24 hr. or 1 Business (NBH*) hours Day High 1 hour Onsite within 1 As quickly as possible hour *Denotes Normal Business Hours,which are Monday—Friday,7:00 a.m.—5:00 p.m. 2.5 Spare Parts Inventory: a. In order to achieve the highest levels of self-support during a declared emergency(when roads may be impassable and telecommunications may be down)the Vendor shall work with EOC staff,and CollierTV staff to review their Automation, Broadcast and A/V equipment installations to determine what, if any, spare parts should be kept in inventory at each location. 3. Design Services From time to time the County may want to completely redesign current Automation,Broadcast or A/V systems or plan and design brand new installations at County facilities. The Vendor shall supply a proposal to design these systems when requested. Design should include specific items(manufacturer,model,etc.),plus installation and equipment costs. If the County decides to move ahead with the project once the proposal is submitted,the Vendor will work with the County to determine a project schedule and work would commence upon issuance of a Purchase Order for the project. The County does reserve the right to competitively bid any redesign or new design and installation project, if in the best interest of the County.The County also reserves the right to competitively bid individual pieces of equipment required for the job and request the Vendor to provide the design and installation services. The Collier County Information Technology(IT)Division will require a thorough vetting of any software/hardware via a Technical Architectural,Compatibility and Supportability Requirements Document(TACS)form and architectural diagram review for any projects generated for software and/or hardware updates and upgrades by the awarded vendor prior to project implementation.A copy of the current TACS form and IT requirements can be obtained from the County's IT Division. 4. Background Checks and Security The Vendor,as well as Vendor's employees or other representatives,including all sub-contractors at every tier(including vendors,repair persons and/or delivery individuals)who will have physical access to County facilities or locations related to security or public safety, shall be required to comply with the fingerprinting and background checks through a recommended outsourced vendor, at the Contractor's expense. Once approved, the County will provide a badge with Page 3 of 5 Exhibit A- Scope of Services access to the designated areas. Collier County Sheriff's Office requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. Court Administration may provide additional requirements to work in their area, including but not limited to,taking a computerized questionnaire. The Contractor shall ensure that unauthorized persons cannot gain access to rooms,areas,or buildings under the control of its personnel. At no time shall the Contractor violate building and/or room security by propping doors open and leaving them unattended, unless the County has provided its own security door monitor. All entrance and exit doors shall be secured at all times. [END OF SCOPE OF SERVICES] "Attachment A to follow this page" ***** Remainder of page intentionally left blank***** Page 4 of 5 Exhibit A- Scope of Services Attachment A—Locations and Equipment Admin Building F(3299 Tamiami Trail East) Television Control Room and Broadcast Center Boardroom Portable PA system and Production switching equipment is stored at this facility Collier Museum (3331 Tamiami Trail East) PA system in the lecture hall South County Regional Library(8065 Lely Cultural Parkway) PA System and computer projector in the main meeting room Headquarters Library(2385 Orange Blossom Dr.) PA system in the Theater Emergency Services Center(8075 Lely Cultural Parkway) Emergency Operations Center Media Room(there is new AN equipment being installed in the EMS training rooms,which is under a separate support/service agreement) Page 5 of 5 Exhibit A- Scope of Services Exhibit B Fee Schedule following this page (pages through 1 ) Page 14 of 15 Fixed Price Professional Service Agreement#2017-001 (Ver.3) RFP#20-7786 "Broadcast and Audio/Video Maintenance,Repair and Design Services" EXHIBIT B FEE SCHEDULE COST OF SERVICES TO THE COUNTY,PURSUANT TO FINAL NEGOTIATION: 1. Annual On-going Maintenance& $1,625 per Site visit for a total of $6,500.00/per year Support Services two visits per year,per site(EOC and Board Chambers) 2. Service Call Rates Break Fix Service Calls $425.00 for first hour; $85.00 per hour thereafter 3. Other Labor/Training/Design Rates Programming $125/per hour Training $110/per hour Design Consultant Fee $135/per hour Technician $85/per hour 4. Markup Rates Parts,Material,and Equipment 10%over actual cost for any Repair manufacturer Freight to and from OEM Reimbursed at actual cost Response Times and Resolution: Low Severity—Two-hour acknowledgment of Issue within normal business hours—Phone support within 24 hours to troubleshoot with County—If item cannot be resolved over phone a technician will be on site within five business days. Medium Severity—Two-hour acknowledgment of Issue within normal business hours—Phone support within 4 hours to troubleshoot with County —If item cannot be resolved over phone a technician will be on site within two business days. High Severity—One hour acknowledgment of Issue—Phone support within 2 hours to troubleshoot with County—If item cannot be resolved over phone a technician will be on site within four business hours. If an on-site technician is required outside of normal business hours for an emergency the quoted rates are doubled. Normal workday is Monday through Friday 7:00AM to 5:00PM. Emergencies are defined as unscheduled service calls that need to be attended to immediately or in less than 24 hours or over weekends. Page 1 of 1 Exhibit B-Fee Schedule Other Exhibit/Attachment Description: ❑ following this page (pages through ) n this exhibit is not applicable Page 15 of 15 Fixed Price Professional Service Agreement#2017-001(Ver.3) ACCORD® DATE CERTIFICATE OF LIABILITY INSURANCE 6/1/2021 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 NAME: BFL CANADA Risk and Insurance Inc. PHONE FAx (A/C,No,Ext): (A/C,No): FINANCIAL SERVICES FIRM E-MAIL 2001 McGill College Avenue,Suite 2200 ADDRESS: Montreal,QC H3A 1G1 Canada INSURER(S)AFFORDING COVERAGE NAICK INSURED Pro Sound, Inc. 1375 NE 123rd Street Miami, FL 33161 INSURER A: Zurich Insurance Company 40142 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 517 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. ADDL SUBR POLICY EFFECTIVE POLICY EXPIRADON TYPE OF INSURANCE INSR VAID POLICY NUMBER LIMITS )MMIDDITYYY) (MM/DDNYYY) A COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED ® $2,000,000 PREMISES(Ea occurrence) CLAIMS MADE ® OCCUR 8618956 06/01/2021 06/01/2022 MED EXP(Any one person) $10,000 GENLAGGREGATE LIMIT APPLIES PER. PERSONAL&ADV INJURY $2,000,000 ❑policy❑Project ❑Loc GENERAL AGGREGATE $2,000,000 ®Other:Event PRODUCTS-COMP/OP AGG $2,000,000 DESCRIPTION OF OPERATIONS(LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) 20.7786-Broadcast and AudioNision Maintenance,Repair and Design Services Policies are primary and non-contributory Collier County Board of County Commissioners are included as additional insured but solely with respect to the operations of the Named Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail E. ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©19 8-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ---^1 ACORD° CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) lilliti..../-- 6/1/2022 6/1/2021 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 have ADDITIONAL INSURED provisions or 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 p CONTACT Lockton Companies NAME: 444 W.47th Street,Suite 900 PHONE FAX ,E>tt): No): Kansas City MO 64112-1906 E-MAIL (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# -INSURER A: Twin City Fire Insurance Company 29459 INSURED PRO SOUND,INC. INSURER B: Hartford Casualty Insurance Company 29424 1473403 1375 NE 123 STREET MIAMI FL 33161 INSURER C INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 17551644 REVISION NUMBER: XXXXXXX 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 SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR, INSD WVD (MM/DDIYYYYI(MMIDD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ XXXXXXX CLAIMS-MADE OCCUR NOT APPLICABLE DAMAGE TO RENTED PREMISES(Ea occurrence) $ XXXXXXX MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ XXXXXXX GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ XXXXXXX POLICY JECT LOC PRODUCTS-COMP/OPAGG $ XXXXXXX OTHER: $ B AUTOMOBILE LIABILITY Y N 37UENAA0081 6/1/2021 6/1/2022 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ XXXXXXX AOUTOS ONLY SCHEDULED BODILY INJURY(Per accident $ XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXXXXXX AUTOS ONLY _AUTOS ONLY (Per accident) $ XXXXXXX UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS-MADE NOT APPLICABLE AGGREGATE $ XXXXXXX DED RETENTION$ $ WORKERS COMPENSATION PER OTH- A AND EMPLOYERS'LIABILITY YIN N 37WEAE5HC6 6/1/2021 6/1/2022 X STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE N NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? - - - (MandatoryinNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS IS ADDITIONAL INSURED ON AUTO LIABILITY COVERAGE,ON A PRIMARY, NON-CONTRIBUTORY BASIS,AS REQUIRED BY WRITTEN CONTRACT. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY. FOR CANCELLATION FOR ANY REASON OTHER THAN NONPAYMENT OF PREMIUM,THE INSURER(S)WILL SEND 30 DAYS NOTICE OF CANCELLATION TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 17551644 AUTHORIZED REPRESENTATIVE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3295 TAMIAMI TRAIL E. NAPLES FL 34112 �_ /� "orl is-, A ACORD 25(2016/03) ©1 8-2015 ACORD CORPORATION.All rights reserved The ACORD name and logo are registered marks of ACORD ■� PROSOUN-03 LGLEASON ACORO DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 5/6/2021 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 have ADDITIONAL INSURED provisions or 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). CONTACT Lori B. Gleason PRODUCER NAME: CAL Risk Management PHONE 23 Eganfuskee Street E-MAILA 'E:t):(561)776-9001 (A/C,No):(561)427-6730 Suite 102 ADDRESS:Igleason@callIc.com Jupiter,FL 33477 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Berkley Assurance Company 39462 INSURED INSURER B: Pro Sound,Inc.dba Pro Sound&Video INSURER C: 1375 NE 123rd Street INSURERD: Miami,FL 33161 INSURER E: 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 TYPE OF INSURANCE ADDL SUER W POLICY NUMBER /YPOLICY EFF POLICY EXP LIMITS LTR INSD VD (MMIDDYYYI (MM/DD/YYYYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED 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 Ea accc dent SINGLE LIMIT ANY AUTO BODILY INJURY(Per person) $ - OWNED SCHEDULED _ AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE - AUTOS ONLY _ AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY NYIPROPRIETOR/P RTNER E ECUTIVE N/A E.L.EACH ACCIDENTO $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Professional& PCXB50134690321 3/1/2021 3/1/2022 Pollution Liability 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may he attached if more space is required) RE: Bid No.20-7786; Broadcast and AudioNision Maintenance,Repair and Design Services CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier CountyBoard of CountyCommissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD