HomeMy WebLinkAbout2018-279PURCHASE, INSTALLATION AND MAINTENANCE .
SERVICE CONTRACT
Elite Premier Purchase, Installation and Maintenance Service
This. Agreement is entered into between Indian River County, 4225 43rd Ave, .Vero Beacb, FL
32960 a political .subdivision of the State .of Florida; (hereinafter called "County."). and
Kraus Associates Inc., d/b/a AK . Associates, 326 - Porta Rosa Circle, St Augustine, FL .
32092 (hereinafter called "Contractor"). It is agreed between "County" and_ "Contractor
as follows:
AK ELITE PREMIER. INSTALLATION. AND MAINTENANCE SERVICE
"Contractor." agrees -to sell and provide, and the ".County agrees to purchase. and, accept,
in accordance with. the terms and conditions set forth below, Contractor's Elite Premier
Installation and Maintenance Service for the Hardware and Software licensed to the .
"County"
COVERAGE:. The Solacom Guardian 91 l system Hardware and Software eligible :for
maintenance and support is listed in he Contractor's Proposal# AK071017-300b and
AK083017=300b. Document, for, :all 911 system upgrades shall be furnished to "County"
under Manufacturer's Warranty and/or this Agreement.
Maintenance and Service Locations:
Indian River County. Sheriff s Office Primary PSAP located at IRCSO 4055 41"t Street, .
Vero Beach, FL.32967
Vero Beach Police Department Primary PSAP located at VBPD 1055 201'. Street, Vero
..Beach, FL 3296.0
Sebastian Police Department Primary PSAP located at SBPD 1201 Main Street,
Sebastian, FL 3295.8
Indian:River County Emergency Services Backup PSAP located at IRCEOC 4255 43rd
Avenue, Vero Beach, FL 32967
COSTS: .AK Elite Premier Maintenance:
AK Elite Premier. Service (labor only)
Two day a week for six.(6) hours per day
Year 1- $89,900.00
Year 27589,900.00 .
Year 3 491,500.40
Year 4 = $91,500.00
Year 5 - $93,900.00 .
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Note: The Solacom-and Higher Ground Extended Warranty and/or Software
maintenance shall be provided. to the "County" without AK placing an additional, mark
up on.the services from the manufacturer.
AK ELITE PREMIER MAINTENANCE. SERVICE:
AK Associates Elite Premier Maintenance service includes the following:
This contract covers all installation and maintenance services for the Solacom Guardian.
and Higher Ground .911. Systems; furthermore includes. any 911 equipment. currently
associated with "Contractor". Should: "Contractor".require .technical certification for,
a. future additional hardware. or software. not part of its association, then. "County" shall
reimburse "Contractor" .for training. costs. _ Telephone diagnostics will be. done
immediately upon. receipt of service problem and. ifcorrective action is needed it will be
performed'. remotely or by an on-site visit. In addition this service provides weekly (two..:
(2), days, and six (6) hours per day per week) on-site preventive maintenance program,
free AK Project "Management (professional. services) for. systemimplementation support .
for all new technologies (such as NG: Core Services); 9-1-1.:equipment . and CAD . .
integration, etc:
AK Elite Premier Maintenance
• Response time for major. outages.is within two hours .and res ponse:.time for minor
outages are four hours: Telephone diagnosticswill be: done immediately upon
receipt of ervice problem..
Labor. to .install yearly scheduled upgrades. The "County" and/or manufacture are
responsible for all hardware, software;.associated miscellaneous materials. .
• Includes. daily remote preventive maintenance.. If a problem is discovered during
remote maintenance, it will be resolved either remotely or.by a site visit: The
circuit used for remote diagnostics: is the responsibility. of the "County".
• . Weekly: on-site preventive maintenance for Solacom Guardian and 'associated 911
equipment and network tow (2) days and six (6) hours per week.
• Free Project Management (professional services) for system implementation
support for NG 911 Core. Services including text to and from 911, NG routing. and
database.
a Training may be _requested at no additional cost upon request of the "County"
throughout the life of the contract: The "County" is responsible for. all training
materials supplied by after the. initial training:
•
Access. to AK ticketing system to view status of requested services and history of
services provided by AK..
• AK. Iabor is included with AK :Elite Premier_ Maintenance to install; relocate,
..:change. or remove any new or existing Solacom and/or additional equipment
installed by AK Associates, including system upgrades, training; system
reconfigurations, selective router programming; direct" trunking and integration
support
Free Consulting Services on all equipment provided by AK Associates.
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Note: -All hardware, software and associated: miscellaneous . materials not covered:
under.. warranty or manufacturer's maintenance are the responsibility of the .
"County" and/or the equipment. manufacturer. The "Contractor'-' is not responsible.
for hardware or software, :only the labor to maintain or install the hardware and
software.
ON-SITE TECHNICAL SERVICE SUPPORT: Two days per week on=site preventive
maintenance service provided by assigned trained AK technicians to be scheduled weekly.
during business hours Monday through Friday except for approved `.`County" (State)
Holidays. Theon -site technician shall assist.PSAPs and E911 Coordinator in.providing
any. 911 related statistical or. monthly status reports to the PSAP as needed: The on-site
technician shall perform a quarterly review of all circuits and advise the E911.Manager of.
any changes. "Contractor" shall schedule. staff to. provide on-site. technical support
during an. anticipated event such_ as a hurricane or other disaster or high-profile event. at
no additional cost to "County".. "Contractor" will not call out any other service that will.:
incur costs to ahe "County" without prior E91 I:1Vlanager's consent. The AK technicians: .
will be on-site two days per .week and will check- in with each PSAP and the 911 .
coordinator each day and take direction from the. 911 coordinator.
REMOTE TECHNICAL SERVICE SUPPORT 24 hour service performed by an AK
Associate.trained technician for all out of hours. service problems. Response for. major
outages shall: be within a. maximum two hour: time frame and :for non -service affecting:
problems a four.:hours time frame. AK .Associates shall :provide =the "County" with a
current escalation list, including an 800 number for all. service requests..
TERM OF MAINTENANCE AGREEMENT: This Agreement shall .commence on
the date both parties execute this agreement and. terminate .five (5) .years .thereafter (the
"Initial Term"), unless earlier terminated in accordance with.: the. provisions of this
Agreement.. This Agreement shall be automatically renewed and continue in force on a
year-to-year basis ("Extended Term") until terminated by either party. upon a ninety days .
(90) days written notice to the other party prior to the expiration. of .the .Initial Term or..
any subsequent Extended Term. The annual rate- shall :not :increase: more than 2% per
year for additional years or a new fixed rate may be established between the "County"
and the"Contractor".
CONFIDENTIALITY:. "Contractor" shall not .disclose.: any -confidential information.
concerning "County" or its affairs,. .unless required. by law, or with the consent of
County ."Contractor". understatids. that County is. a governmental entity and as such
is.prohibited by Florida lawsfrom keeping the terms. of this Agreement confidential
should there be _ a . request. for. said information. If required to disclose. any. such
information, "Contractor" or "County", as appropriate, shall. give the. other notice as soon
as possible.
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TERMINATI ON: The `.`County" shall have. the right to terminate the. agreement prior to
the expiration date.set forth in this contract as long as, the "County" provides ninety (90)
days written notification of termination by registered mail in the event the "Contractor"
fails . to perform or observe any covenant or :obligation set -forth : in this :Agreement
regarding the maintenance of the Hardware and Software and the "County" has given
"Contractor" 90 days prior written notice and "Contractor" has failed to cure within said
time or the failure is one which cannot be cured within that time and -the "Contractor" has
failed to take :reasonable steps coward said cure within ninety (90) days of notice from the
.`.'County". The `.`Contractor is responsible.to fix all issue within the (90) days unless the
issue is completelyout ofthe. control of. the: "Contractor and . the issue is the
responsibility of the County;.91 l network provider, equipmentmanufacturer, etc.
INSURANCE:. The Vendor shall maintain at all. times. the following minimum levels of
insurance. and shall, without in any way altering its liability,. obtain, pay for and maintain
insurance for the coverage and:amounts of coverage not less than those set forth :below.
The Vendor shall provide the County original Certificates. of Insurance satisfactory. to the
County to evidence such coverage before .any work commences. The County shall be
named as an additional insured on General _ and Automobile Liability; Professional
Liability policies. General Liability: and: Workers' Compensation policies shall contain a
waiver of subrogation in favor of Indian River County. The commercial General Liability
Policy shall (by endorsement if necessary) provide contractual liability coverage for the
contractual indemnity stated. in Section 1.0, above. All insurance coverage shall be written
with a company having an A.M. Best rating of at least the "A"category and size category.
of VIII. The Vendor's self-insured retention or deductible. per line of coverage shall not
exceed $25,000 _without the permission of the County.. In the event of any by the
Vendor to comply with'the provisions of this Section. I I., the County may; at its option,
upon notice to the. Vendor suspend Vendor's performance of the. -Services for cause until
thereis full compliance. Alternatively, the County may .purchase such insurance, at the
Vendor's expense,provided that the County shall have no obligation to do so and if the
County shall do so, the Vendor. shall not be relieved.of or excused from.the obligation to
obtain and maintain such insurance amounts and coverage.
Comprehensive Automobile.Liability Insurance, $1,000,000.00 combined single_limit.of.
liability for bodily injuries,death and property damage resulting from any one
occurrence, including all owned, hired, and non -owned vehicles.
Commercial General Liability. $1,0.00,000.00 combined single limit. of liability for.bodily
injuries; ..death and property damage; and personal:.injury resulting from any.. one:
Occurrence, including the.:following coverages:
Premises and Operations:.
Broad Form. Commercial General Liability: Endorsement. to: include
Blanket Contractual liability . (specifically .covering; but not limited:
to,, the contractual obligationsassumed by the Firm); Personal Injury .
(with employment .and _contractual exclusions. deleted); and. Broad
Form Property Damage coverage.
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Workers: Compensation. The: Vendor shall. provide; pay .for, and: maintain
workers compensation insurance on all employees, its agents or subcontractors as
required by Florida Statutes.
Arofessional Liability: $2;000,000:00 errors and omissions in providing professional
technology services.
INDEMNITY: Vendor to the maximum extent permitted by law, shall indemnify,_ defend.
(by counsel reasonably . acceptable to County) protect and hold the. County, and its
officers, employees and agents harmless. from and against any and all, claims, actions,
causes of action; liabilities, .penalties, forfeitures, damages,: losses* and . expenses
(including; without limitation, attorneys'. fees costs:: and expenses incurredduring
negotiation, through litigation and all appeals therefrom) whatsoever. including, but not
limited,to those pertaining to the death. of or injury -to .any person, or damage to .any
property, arising out of or resulting from (i) the failure of Vendor to comply with
applicable laws, rulesor regulations, (ii) the breach by Vendor of its obligations under
this Agreement, (iii) any claim for trademark, patent or copyright infringement _arising
out of the scope of. Vendor's performance or nonperformance of this Agreement,. or (iv)
the negligent acts, errors or omissions, -or -intentional or willful -misconduct, of Vendor,: its
professional associates, subcontractors; agents; and employees provided, however, that
Vendor shall not be obligated to defend or indemnify the County with respect to any such
claims or damages. arising out of the County's sole negligence.
A. PUBLIC RECORDS COMPLIANCE: Indian River County is . a public 'agency
subject to Chapter 11% Florida Statutes. The. Contractor shall comply with Florida's
Public Records Law. Specifically, the Contractor shall: .
(1) Keep and -maintain public records required by the County to. perform the service.
.(2) .: Upon request from the County's .Custodian of Public. Records, provide the .
County with a.copyof.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.
Chapter 11.9 or as otherwis& provided bylaw,
(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: durationof the contract term and following: completion of the contract if the:
contractor does not transfer the records. to the County. .:
(4). ..Upon: completion of the. contract, transfer, at no: cost, to: the .County all: public
records in possession of the Contractor or keep and maintain public records required
by the County to perform the service. If the Contractor transfers all public records to
the .County . 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
County,upon request from 'the Custodian of Public Records,, in a format. that is.
compatible with the information technology systems of the County.
B. 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:
M) 226-1424
publicrecords?,irc ov.com .
Indian River County Office of the County Attorney-
.1801
ttorney.1801 2.71h Street
Vero Beach, FL 32960
C.: Failure: of the Contractor to comply with. these requirements shall. be a material
breach ofthis Agreement. .
NOTICER All notices or written communications required or permitted hereunder shall
be deemed to. have been given .when received if hand delivered. or when .deposited in the .
US mail, postage paid and addressed as follows:
If mailed to `Contractor"
AK Associates
.7 Independence Ave
Derry; NH 03038
If mailed to"County,
Indian River County Emergency Services
Attn: E911 Manager.
.4225 4Y4 Avenue
Vero Beach, FL 32961
REOUEST FOR: PAYMENT: The "Contractor". shall provide the "County": with
quarterly invoices per year for AK Elite Premier Maintenance Service. The first .invoice. .
Will be provided to the "County'-' by the "Contractor" for AK Elite Premier Maintenance
upon the execution of. the. contract, at. which - time. the. first year of maintenance shall
commence. The first., invoice(s) will . be. adjusted to prorate any balances paid the . .
"Contractor" for AK Basic Maintenance. "All payments. will :be. made per Florida's:
Local Government Prompt Payment Act."
FLORIDA: -LAW:: Contractor.certifies-that it and those related entities of respondent as
defined above by Florida law above are.not on the Scrutinized Companies. that. Boycott.
Israel List, created pursuant.to s. 215:4725 of the Florida Statutes,. and ate not engaged in
a boycott of Israel. In .addition, if this agreement is for goods or services of one million
dollars or more, Contractor certifies that it and those related entities of respondent as
defined above by Florida law are not on the Scrutinized Companies with Activities in
Sudan.List or the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector. List, created pursuant to Section 215.473 of the Florida Statutes and are not
engaged. in business operationsin. Cuba or. Syria.
County may terminate this Contract if Company is found to. have submitted a Use
certification as provided under section 287.1.35(5), Florida Statutes, been placed on the,
Scrutinized Companies with Activities in SudanList or the Scrutinized. Companies with.
Activities. in the. -Iran. Petroleum Energy Sector List; or been engaged in business
operations.in Cuba or Syria, as defined by section 287.135; Florida Statutes:
County may terminate this Contract. if Company, including all wholly-owned
subsidiaries, majority-owned subsidiaries; and parent companies,. that exist for the
purpose of making profit; is found to have been placed on the Scrutinized Companies ' oA
Boycott Israel List or is engaged in a boycott of Israel asset forth in :section 215.47
Florida Statutes:"
ATTEST::Jeffre R. Smith Clerk
Y Indian River County, Florida v
of Cpurt 4TA d Comptroller
By':-�fUj���„a"`'v ”' ' Lc��/� $3'; �Gr'4L'oU�
Deputy --'Clerk 755o arr, TY:
Board of County Commissioners
December .11, 2018
.Date: Date: December 11, _ 2.018
COUNTY SEAL;:
APPROVED