Agenda 05/08/2012 Item #16E35/8/2012 Item 16.E.3.
EXECUTIVE SUMMARY
Recommendation to award Request for Proposal (RFP) 11 -5790R Safety, Security and Access
Infrastructure Programs and Equipment to Commercial Electrical Systems Company on an as-
needed basis effective June 1, 2012, and terminate contract 074148 Security Services and
Equipment to Johnson Controls Inc. on May 31, 2012.
OBJECTIVE: To obtain approval to award RFP #11- 5790R, Safety, Security and Access Infrastructure
Programs and Equipment Agreement between Collier County and Commercial Electrical Systems
Company on an as- needed basis to provide parts and services for the protection of the County's visitors
and employees.
CONSIDERATIONS: In the County's continuing effort to utilize technology to protect its employees,
visitors, and physical assets, the County relies on different types of technologies, including but not limited
to: security and life safety, video security, air - quality monitoring services, burglar and intrusion systems,
UPS systems, etc. Additionally, the County may require security consultation services. This contract
provides a wide variety of equipment, technology, and services associated with securing the County's
facilities.
RFP #11 -5790R was posted on February 10, 2012. The County sent emails to eight hundred (800)
vendors, fifty -three (53) solicitations were downloaded and one proposal was received by the due date of
March 2, 2012. The selection committee chose Commercial Electrical Systems Company, by consensus,
for an initial 2 years with two additional 1 year renewal periods at the County's discretion.
In an effort to provide continuity of services during the contract signing and transition process, staff
requests:
• Any orders issued prior to May 31St, 2012, and any subsequent invoices received as a result of
these orders, to Johnson Controls Inc, be processed according to the terms of contract 07 -4148,
• Contract 07 -4148 terminate on May 31St, 2012 with Johnson Controls Inc., and
• The effective date of RFP 11 -5790R with Commercial Electrical Systems Company commence
on June 1, 2012.
FISCAL IMPACT: This purchasing agreement is based on an as- needed basis. It is estimated that the
County spends $150,000 per year on security- related, safety services and equipment. Funds are available
in the Facilities Management Operating Budget (001- 122240).
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County Attorney's
Office, is legally sufficient for Board action and only requires a majority vote for approval —SRT.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to
this action.
RECOMMENDATION: That the Board of County Commissioners 1.) awards RFP #11- 5790R, Safety,
Security, and Access Infrastructure Programs and Equipment effect June 1, 2012, 2.) authorizes the
Chairman to sign the attached agreement after final review by the County Attorney, 3.) authorizes that the
orders issued prior to May 31St, 2012, and any subsequent invoices received as a result of those orders, to
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5/8/2012 Item 16.E.3.
Johnson Controls Inc, be processed according to the terms of contract 07 -4148, and 4.) terminates
contract 07 -4148 Security Services and Equipment to Johnson Controls Inc., effective May 31, 2012
Prepared By: Dennis Linguidi, Facilities Manager, Department of Facilities Management
Attachments: 11 -5790R Commercial Electrical Systems_Contract.pdf
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.3.
5/8/2012 Item 16.E.3.
Item Summary: Recommendation to award Request for Proposal (RFP) 11 -5790R Safety,
Security and Access Infrastructure Programs and Equipment to Commercial Electrical Systems
Company on an as- needed basis effective June 1, 2012, and terminate contract 07 -4148
Security Services and Equipment to Johnson Controls Inc. on May 31, 2012.
Meeting Date: 5/8/2012
Prepared By
Name: LinguidiDennis
Title: Manager - Facilities,Facilities Management
4/23/2012 3:06:39 PM
Submitted by
Title: Manager - Facilities,Facilities Management
Name: LinguidiDennis
4/23/2012 3:06:40 PM
Approved By
Name: pochopinpat
Title: Administrative Assistant,Facilities Management
Date: 4/23/2012 3:33:43 PM
Name: CampSkip
Title: Director - Facilities Management,Facilities Manage
Date: 4/23/2012 4:06:10 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 4/25/2012 9:54:03 AM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 4/25/2012 6:43:31 PM
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Name: MuckelCynthia
Title: Applications Analyst,lnformation Technology
Date: 4/26/2012 8:51:17 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 4/27/2012 9:15:06 AM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 4/27/2012 4:02:57 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 4/27/2012 5:11:48 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 4/30/2012 2:49:51 PM
Name: OchsLeo
Title: County Manager
Date: 4/30/2012 4:41:55 PM
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5/8/2012 Item 16.E.3.
5/8/2012 Item 16.E.3.
AGREEMENT
#11 -57908
for
"Safety, Security and Access Infrastructure Programs and Equipment"
THIS AGREEMENT, made and entered into on this day of . 2012, by and
between Commercial Electrical Systems Co., authorized to do business in the State of Florida,
whose business address is 12369 Crystal Court Loop, Suite A, Fort Myers, FL 33966, hereinafter called
the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County,
Naples, hereinafter called the "County ":
WITNESSETH:
1. COMMENCEMENT. The contract shall be for a two (2) year period, commencing on
and terminating on
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 periods. 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 eighty (180) days. The County shall give the Contractor written notice of
the County's intention to extend the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Contractor shall provide Safety, Security and Access
Infrastructure Programs and Equipment services in accordance with the terms and
conditions of RFP #11 -5790R and the Contractor's proposal referred to herein and made an
integral part of this agreement. This Agreement contains the entire understanding between
the parties and any modifications to this Agreement shall be mutually agreed upon in
writing by the Contractor and the County Project or Contract Manager or his designee, in
compliance with the County Purchasing Policy and Administrative Procedures in effect at
the time such services are authorized.
2.1 Prior to the issuance of a Purchase Order, the County shall provide a summary of Work
to be performed which will afford the Contractor the opportunity to submit a formal
Quotation for the Work; the Contractor shall respond with the information sought within
three (3) working days. The Quotation shall be based upon Time and Materials or as a lump
sum. The County will negotiate favorable terms and conditions, and the County user
Department will issue a Purchase Requisition with the submitted Quotation as backup
documentation for subsequent issuance of a Purchase Order to the Contractor.
In each Request for Quotation, the County reserves the right to specify the period of
completion and the collection of liquidated damages in the event of late completion.
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5/8/2012 Item 16.E.3.
2.2 The services required by this contract shall include but not be limited to the
items /services described in this Scope of Services. The County shall order services as
required but makes no guarantee as to the quantity, number, type or distribution of services
that will be ordered or required by this contract.
3. PAYMENT: Time shall be deemed of the essence with respect to the timely submission of
invoices under this agreement. Contractor shall provide invoices within three (3) to five (5)
days from when the work is complete. Invoices must include:
• Facilities work order number,
• Description of the work,
• Date the work was performed and completed,
• Total number of hours and hourly cost,
• Break down of subcontractors hours and materials,
• Itemization of materials and equipment and associated costs, and
• TOTAL cost of the service(s).
• The number of the Purchase Order by which authority services have been made, shall
appear on all invoices
Payment will be made upon receipt of a proper invoice and in compliance with Section
218.70 Florida Statutes, otherwise known as the "Local Government Prompt Payment Act."
Collier County reserves the right to withhold and/or reduce an appropriate amount of any
payments for work not performed or for unsatisfactory performance of Contractual
requirements.
4. 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.
5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if
mailed or faxed to the Contractor at the following Address:
Commercial Electrical Systems Co.
12369 Crystal Commerce Loop, Suite A
Fort Myers, FL 33966 -1083
Mr. Fredrick M. Sullivan
Phone: 239 - 931 -9132
Fax: 239 -931 -9859
Email: su11if1a3Qmsn.com
All Notices from the Contractor to the County shall be deemed duly served if mailed or faxed
to the County to:
Collier County Government Center
Purchasing Department
3327 Tamiami Trail, East
Naples, Florida 34112
Attention: Joanne Markiewicz, Interim Purchasing/ GS Director
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5/8/2012 Item 16.E.3.
Telephone: 239 -252 -8975
Facsimile: 239 -252 -6480
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.
6. 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.
7. 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. 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.
8. 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 contract 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.
9. TERMINATION. Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County as per this Agreement, the County may terminate said
agreement for cause; further the County may terminate this Agreement for convenience with
a thirty (30) day written notice. The County shall be sole judge of non - performance.
10. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11. INSURANCE. The Contractor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of $1,000,000 Per
Occurrence, $1,000,000 aggregate for Bodily Injury Liability and Property Damage Liability.
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5/8/2012 Item 16.E.3.
This shall include Premises and Operations; Independent Contractors; Products and
Completed Operations and Contractual Liability.
B. Business Auto Liability Coverage shall have minimum limits of $1,000,000 Per
Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage
Liability. This shall include: Owned Vehicles, Hired and Non -Owned Vehicles and Employee
Non - Ownership.
C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in
compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each
accident.
Special Requirements: Collier County Government shall be listed as the Certificate Holder
and included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Contractor during the duration of this Agreement. Renewal certificates shall
be sent to the County ten (10) days prior to any expiration date. There shall be a thirty (30)
day notification to the County in the event of cancellation or modification of any stipulated
insurance coverage.
Contractor shall insure that all sub - Contractors comply with the same insurance requirements
that he is required to meet. The same Contractor shall provide County with certificates of
insurance meeting the required insurance provisions.
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor
shall indemnify and hold harmless Collier County, its officers and employees from any and
all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, 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. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the
County by the Facilities Department.
14. 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.
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5/8/2012 Item 16.E.3.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out verbatim:
Contractor's Proposal, Insurance Certificate(s), RFP #11 -5790R Specifications/ Scope of
Services and one Addendum, Exhibit A, Scope of Services.
16. SUBTECT 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.
17. 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, 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 contract held by the individual
and/or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement, the
Contractor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of 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. 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.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages
and agrees to the successful proposer extending the pricing, terms and conditions of this
solicitation or resultant contract to other governmental entities at the discretion of the
successful proposer.
20. 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.
21. ADDITIONAL ITEMS /SERVICES Additional items and /or services may be added to this
contract in compliance with the Purchasing Policy.
22. 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 pmsentation of any settlement reached during negotiations to County for approval.
Failing resolution, and prior to the commencement of depositions in any litigation between the
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5/8/2012 Item 16.E.3.
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.
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.
23. KEY PERSONNEUPROTECT STAFFING: The Contractor's personnel and management to be
utilized for this project shall be knowledgeable in their areas of expertise. The County reserves
the right to perform investigations as may be deemed necessary to insure that competent
persons will be utilized in the performance of the contract. The Contractor shall assign as many
people as necessary to complete the services on a timely basis, and each person assigned shall
be available for an amount of time adequate to meet the dates set forth in each Quotation. The
Contractor shall not change Key Personnel unless the following conditions are met: (1)
Proposed replacements have substantially the same or better qualifications and/or experience.
(2) that the County is notified in writing as far in advance as possible. The Contractor shall
make commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
24. ORDER OF PRECEDENCE: In the event of any conflict between or among the terms of any of
the Contract Documents, the terms of the Request for Proposal and /or the Contractor's
Proposal, the Contract Documents shall take precedence. In the event of any conflict between
the terms of the RFP and the Contractor's Proposal, the language in the RFP would take
precedence.
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5/8/2012 Item 16.E.3.
IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
Dwight E. Brock, Clerk of Courts
By:
Dated:
(SEAL)
First Witness
TType/ print witness nameT
Second Witness
TType/ print witness nameT
Approved as to form and
legal sufficiency:
oo
Assistant County Attorney
Print Name
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Fred W. Coyle, Chairman
Commercial Electrical System Co.
Contractor
Signature
- Typed signature and title
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5/8/2012 Item 16.E.3.
Exhibit A
Agreement #12 -58908 Safety, Security and Access Infrastructure Programs and Equipment
Scope of Services and Costs
The awarded Contractor shall:
1. Provide equipment, labor, materials and services to support a comprehensive and state of
the art Safety, Security and Access Infrastructure Programs And Equipment as requested
and directed by the Facilities Management Department project manager or his designee.
Equipment, labor, materials and services include, but are not limited to:
a. Provide equipment (all types) including but not limited to: surveillance, camera
(CCTV, IP, etc), television monitors, digital video recorders, network video recorders,
access, monitoring systems, access control systems, facial recognition equipment,
intrusion systems, x -ray, hardware, software programs, UPS monitoring systems, call
boxes, touch screen systems, wireless systems, access card printer and supplies,
name badge systems, perimeter security systems (including but not limited to
electronics, fences, gates, barricades, stanchions, bollards, and other equipment
associated with perimeter access control systems) package inspection monitoring
systems, air quality monitoring equipment, magnetometers and like systems, door
and door hardware, including keys, gates, fencing, fencing hardware, people and
package detection equipment, communication equipment, radio equipment, patrol
systems, key control systems, biometric systems, panic alarm systems, indoor air
quality systems, artificial intelligence systems, burglar/ intrusion systems, weather
systems, UPS systems, and any other similar devices that prevent safety, security and
access breeches, and assist with the maintenance of safety for people and facilities.
b. Provide installation and construction services for all of the equipment identified
above as directed by the Facilities Management project manager, and for areas such
as security stations, lobbies, kiosks, etc. Construction services include, but are not
limited to: project management, design, construction, permitting, furniture, special
ballistics rated and non -rated materials.
c. Provide security consultation services for all of the equipment identified above, and
new / emerging technology, as directed by the Facilities Management project
manager.
d. Provide security monitoring services for all of the equipment identified above, and
new / emerging technology, as directed by the Facilities Management project
manager.
2. Provide a single point of contact for the awarded contract.
3. Respond to emergencies, as declared by the Facilities project manager, within one (1) hour
or less. "Respond to emergencies" is defined as "physically and actively working" on the
issue provided by the Facilities contact.
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5/8/2012 Item 16.E.3.
4. Respond to non - emergencies, as declared by the Facilities project manager, within three (3)
days or less.
5. Provide at least a one year warranty (from date of acceptance by the Facilities Management
project manager) on all equipment, materials and labor provided by the awarded vendor
for each quotation.
6. Provide quarterly summary and specific reports to the County's project manager that
includes, but, is not limited to:
• Types and description of projects completed,
• Locations of projects,
• Contractor and subcontractor number of hours and dollars per location,
• Equipment and supplies per individual project and costs, and
• A summary of new and innovative "best in class' recommendations for future
considerations.
Service cost:
Item
Description
Hourly Price
1
Service Representative
$85.00
2
Clerical
$40.00
3
Senior Technician
$95.00
4
Project Manager
$65.00
5
Senior Technician(will be site
Supervisor)
$95.00
6
System Designer
$60.00
7
Factory Engineer
$95.00
8
System Technician
$85.00
9
junior Technician
$55.00
Mark-up:
Item
Description
Hourly Price
1
Sub - contractors
11%
2
Parts or equipment rental
14%
7. Schedule quarterly, or more, contract review meetings with the Facilities project manager.
8. Submit pricing quotes that are all inclusive based on the direction provided by the Facilities
Management project manager. No additional mark -up, profit, or charges will be accepted.
9. Use the Collier County contracted vendors whenever possible as subcontractors.
10. The awarded vendor(s) shall closely coordinate the equipment and installation services
with other vendors should the Facilities Management project manager direct the integration
with the County's proprietary software infrastructure.
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