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HomeMy WebLinkAbout25-14-ITB - Fire Extinguisher Inspection, Maintenance & Replacement Agreement_Optimized - Matthew Cronin, Gayle Paulson, JessicaCITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V CITY OF SEBASTIAN AGREEMENT FOR FIRE EXTINGUISHER INSPECTION, MAINTENANCE & REPLACEMENT WITH FRONTLINE FIRE PROTECTION SYSTEMS, LLC DBA ATP FIRE THIS AGREEMENT made and entered into the 9th day of June , 2025 by and between the City of Sebastian, Florida, whose address is 1225 Main Street, Sebastian, FL 32958, a municipal corporation of the State of Florida, hereinafter referred to as the "City" and Frontline Fire Protection Systems, LLC dba ATP Fire (FEIN: 45-3231787), whose principal and local address is 215 West Drive, Melbourne, FL 32904 hereinafter referred to as the "Contractor". The City and the Contractor are collectively referred to herein as the "Parties." WITNESSETH: WHEREAS, the City desires to retain the Contractor for the work identified in the proposal specifications outlined in the 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Replacement; and WHEREAS, the City desires to retain the Contractor to provide Fire Extinguisher Inspection, Maintenance & Replacement, as subsequently specifically set out in purchase orders to be issued under this agreement; and WHEREAS, the City desires to employ the Contractor to support the activities, programs, and projects of the City upon the terms and conditions hereinafter set forth, and the Contractor is desirous of performing and providing such goods/services upon said terms and conditions; and WHEREAS, the Contractor hereby warrants and represents to the City that it is competent and otherwise able to provide professional services to the City; and WHEREAS, all City promulgated bid documents pertaining to 25-14-ITB, Fire Extinguisher Inspection, maintenance & Replacement and all submissions by the Contractor (including the bid proposal and proposal clarifications) are incorporated herein to the extent not inconsistent with the terms and conditions as set forth herein; and WHEREAS, the City desires to retain the Contractor to provide all labor, materials, equipment, facilities, and services included in, but not limited to, the guidelines in the scope of work; and WHEREAS, the City desires to use the expertise and knowledge of the Contractor; and WHEREAS, the Contractor recognizes the importance of strict adherence to all laws, rules, and regulations, particularly regarding safety procedures and processes. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 1 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: SECTION 1: GENERAL PROVISIONS 1.1 The term "Contractor" as used in this agreement is hereby defined herein as that person or entity, including employees, servants, partners, principals, agents, and assignees providing services under this agreement. 1.2 The Contractor acknowledges that the City may retain other service providers to provide the same services for City projects. At its option, the City may request proposals from the Contractor and the service providers for City projects. The City reserves the right to select which service providers shall provide services for the City's projects. 1.3 This agreement is for fire extinguisher inspection, maintenance & replacement as set forth herein and as otherwise directed by the City to include all labor and materials that may be required. 1.4 The recitals above are true and correct and form and constitute a material part of this agreement upon which the parties have relied. 1.5 Each party hereto represents to the other that it has undertaken all necessary actions to execute this agreement and has the legal authority to enter into it and undertake all obligations imposed on it. The person(s) executing this agreement for the Contractor certify that they are authorized to bind the Contractor fully to the terms of this agreement. 1.6 Time is of the essence of the lawful performance of the duties and obligations contained in this agreement, including, but not limited to, each purchase order. The parties agree that they shall diligently and expeditiously pursue their respective obligations outlined in this agreement and each purchase order. 1.7 When the term "law" is used herein, it shall include statutes, codes, rules, and regulations of any type or nature enacted or adopted by a governmental entity of competent jurisdiction. 1.8 The Contractor hereby guarantees the City that all work and all material, supplies, services, and equipment listed on a Purchase Order meet the requirements, specifications, and standards provided for under the Federal Occupations Safety and Health Act of 1970, from time to time amended and in force on the date hereof. 1.9 It is agreed that nothing herein contained is intended or should be construed as creating or establishing a relationship of co-partners between the parties or as 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 2 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V constituting the Contractor (including, but not limited to its officers, employees, and agents) as the agent, representative, or employee of the City for any purpose or in any manner whatsoever. The Contractor is to be and shall remain independent concerning all services performed under this agreement. 1.10 Persons employed by the Contractor in the provision and performance of the goods and/or services and functions under this agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. 1.11 No claim for goods and/or services furnished by the Contractor not specifically provided for herein or in a purchase order shall be honored by the City. SECTION 2: SCOPE OF SERVICES 2.1 The Contractor shall safely, diligently, and professionally and timely perform with its equipment and assets and provide goods and/or services included in each subsequently entered purchase order. Unless modified in writing by the parties hereto, the Contractor's duties shall not be construed to exceed the provision of the goods and/or services pertaining to this agreement. 2.2 The Contractor shall provide the goods and/or services as generally set forth and described in Exhibit "A" to this agreement and specifically detailed in various purchase orders as may be issued from time to time by the City. SECTION 3: PURCHASE ORDERS 3.1 The provision of services to be performed under the provisions of this agreement shall be commenced as outlined in the City's bid/procurement documents upon the execution of this agreement and a purchase order issued on a form provided by the City hereunder commencing the provision of goods and services. Additional services to be performed by the Contractor to the City shall be authorized in a written change order issued by the City on a form provided by the City. Purchase orders executed by the City shall include a detailed description of quantities, services, and a completion schedule. The Contractor shall review purchase orders and notify the City in writing of asserted inadequacies for the City's correction if warranted. In every case, if the Contractor completes work without authorization by a purchase/work order or a change order, the City is not obligated to compensate the Contractor for the unauthorized work. 3.2 The Contractor shall perform all services required by the purchase order, but the Contractor shall not be paid more than the negotiated Fixed Fee amount stated therein. 3.3 The Contractor may invoice the amount due based on the percentage of total services 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 3 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V performed and completed, but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services completed. 3.4 The City shall make payments to the Contractor when requested as work progresses for services furnished, but not more than once monthly. Each purchase order shall be invoiced separately. The Contractor shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing any services rendered, the cost of the services, the name and address of the Contractor, purchase order number, contract number, and all other information required by this agreement. SECTION 4: CONTRACTOR UNDERSTANDING OF SERVICES REQUIRED 4.1 Execution of this agreement by the Contractor is a representation that the Contractor is familiar with the services to be performed and local conditions. The Contractor shall make no claim for additional time or money based upon its failure to comply with this agreement. The Contractor has informed the City, and hereby represents to the City, that it has extensive experience in performing and providing the services and/or goods described in this agreement and to be identified in the purchase orders and that it is well acquainted with the work conditions and the components that are properly and customarily included within such projects and the requirements of laws, ordinance, rules, regulations or orders of any public authority or licensing entity having jurisdiction over the City's projects. Execution of a purchase order shall be an affirmative and irrefutable representation by the Contractor to the City that the Contractor is fully familiar with all requisite work conditions of the provisions of the goods and/or services. SECTION 5: CHANGE ORDERS 5.1 The City may revise the scope of services outlined in any particular purchase order. 5.2 Revisions to any purchase order shall be authorized in writing by the City as a change order. Each change order shall include a schedule of completion for the services authorized. Change orders shall identify this agreement and the appropriate purchase order number. Change orders may contain additional instructions or provisions specific to certain aspects of this agreement pertinent to the services provided. Such supplemental instructions or provisions shall not be construed as modifying this agreement. An agreement between the parties on and execution of any change order shall constitute a final settlement and a full accord and satisfaction of all matters relating to the change and to the impact of the change on unchanged goods and/or work, including all direct and indirect costs of whatever nature, and all adjustments to the Contractor's schedule. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 4 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V SECTION 6: CONTRACTOR RESPONSIBILITIES 6.1 The Contractor shall be responsible for the professional quality, accepted standards, technical accuracy, neatness of appearance of employees, employee conduct, safety, and the coordination of all goods and/or services furnished by the Contractor under this agreement as well as the conduct of its staff, personnel, employees, and agents. The Contractor shall provide the City a list of employees working days, times, and assignments within two (2) hours of the City's request for such information, which the City may request. The Contractor shall provide employee addresses and driver's licenses. All Contractor employees shall at all times wear identification badges which, at a minimum, give the name of the employee and the Contractor. The Contractor shall work closely with the City to provide the goods and/or services. Concerning services, the Contractor shall be responsible for the professional quality, technical accuracy, competence, methodology, accuracy, and coordination of all of the following, which are listed for illustration purposes only and not as a limitation: documents, analysis, reports, data, plans, plats, maps, surveys, specifications, and all other services of whatever type or nature furnished by the Contractor under this agreement. Without additional compensation, the Contractor shall correct or revise any errors or deficiencies in its plans, analysis, data, reports, designs, drawings, specifications, and any and all other services of whatever type or nature. The Contractor's submissions in response to the subject bid or procurement processes are incorporated herein by this reference. 6.2 Neither the City's review, approval, or acceptance of nor payment for any of the goods and/or services required shall be construed to operate as a waiver of any rights under this agreement or of any cause of action arising out of the performance of this agreement and the Contractor shall be and remain liable to the City per applicable law for all damages to the City caused by the Contractor's negligent or improper performance or failure to perform any of the goods and/or services furnished under this agreement. 6.3 The rights and remedies of the City, provided for under this agreement, are in addition to any other rights and remedies provided by law. 6.4 Time is of the essence in the performance of all goods and/or services provided by the Contractor under the terms of this agreement and every purchase order. SECTION 7: CITY RIGHTS AND RESPONSIBILITIES 7.1 The City shall reasonably cooperate with the Contractor promptly at no cost to the Contractor as outlined in this Section. 7.2 The City shall furnish a City project manager to administer, review, and coordinate the provision of services under purchase orders. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 5 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V 7.3 The City shall make City personnel available where, in the City's opinion, they are required and necessary to assist the Contractor. The availability and necessity of said personnel to assist the Contractor shall be determined solely at the discretion of the City. 7.4 The City shall examine all of the Contractor's services and indicate the City's approval or disapproval within a reasonable time so as not to delay the provisions of services of the Contractor materially. 7.5 The City shall transmit instructions and relevant information and interpret and define City policies and decisions concerning all materials and other matters pertinent to the services covered by this agreement. 7.6 The City shall give written notice to the Contractor whenever the City's designated representative knows of a development that affects the goods and/or services provided and performed under this agreement, the timing of the Contractor's provision of goods and/or services, or a defect or change necessary in the Contractor's goods and/or services. 7.7 The rights and remedies of the City provided under this agreement are in addition to any other rights and remedies provided by law. The City may assert its right of recovery by any appropriate means including, but not limited to, set-off, suit, withholding, recoupment, or counterclaim, either during or after the performance of this agreement as well as the adjustment of payments made to the Contractor based upon the quality of work of the Contractor. 7.8 The City shall be entitled to recover all legal costs, including, but not limited to, attorney fees and other legal costs, that it may incur in any legal actions it may pursue to enforce the terms and conditions of this agreement or the responsibilities of the Contractor in carrying out the duties and responsibilities deriving from this agreement. 7.9 The failure of the City to insist in any instance upon the strict performance of any provision of this agreement or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. 7.10 Neither the City's review, approval, or acceptance of nor payment for any of the goods and/or services required shall be construed to operate as a waiver of any rights under this agreement nor any cause of action arising out of the performance of this agreement and the Contractor shall be and always remain liable to the City per applicable law for all damages to the City or the public caused by the Contractor's negligent or wrongful provision or performance of any of the goods and/or services furnished under this agreement. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 6 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V 7.11 After final payment is made to the Contractor, all deliverable analysis, reference data, survey data, plans, reports, or any other form of written instrument or document that may result from the Contractor's services or have been created during the Contractor's performance under this agreement shall become the property of the City. ��� lii;�7►E:��L�7ul� �►F�s��[�7► 8.1 Compensation for performance of work per Exhibit A, subject to additions and deletions by change order as provided for in this agreement. 8.2 Compensation to the Contractor shall be as outlined in the purchase order, which assigns services to be accomplished by the Contractor. 8.3 The Contractor shall be paid per the charges outlined in Exhibit "B" attached hereto. 8.4 There are no reimbursable expenses to be paid to the Contractor except as specifically set forth herein. 8.5 The total contract expenditure shall not exceed $25,000 without prior approval from the City Council. SECTION 9: INVOICE PROCESS 9.1 Invoices, in an acceptable form to the City and without disputable items, will be processed for payment within thirty (30) days of receipt by the City. 9.2 The City will notify the Contractor of any disputable items in invoices submitted by the Contractor within fifteen (15) days of receipt, explaining the deficiencies. 9.3 The City and the Contractor will try to resolve all disputable items in the Contractor's invoices. 9.4 Each invoice shall reference this agreement, the appropriate purchase order and Change Order if applicable, and the billing period. 9.5 The Florida Prompt PaymentAct shall apply when applicable. A billing period represents the dates in which the Contractor completed goods and/or services referenced in an invoice. 9.5.1 Invoices are to be forwarded directly to the project manager: Jim Testa, Facilities Foreman (email: Jtesta@citvofsebastian.ora). 9.5.2 Alternatively, invoices can be emailed to accountsr)avablePcitvofsebastian.orq. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 7 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V SECTION 10: COMMENCEMENT SCHEDULE OF AGREEMENT 10.1 The Contractor shall commence providing services as described in this agreement upon execution of a purchase order issued by the City. 10.2 The Contractor and the City agree to make every effort to adhere to the schedules required by the City or as established for the various purchase orders as described in each purchase order. However, if the Contractor is delayed at any time in the provision of goods and/or services by any act or omission of the City, or of any employee, tumult of the City, or by any other Contractor employed by the City, or by changes ordered by the City, or by strikes, lockouts, fire, unusual delay in transportation, terrorism, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the Contractor and beyond the Contractor's control which would not reasonably be expected to occur in connection with or during performance or provision of the goods and/or services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Contractor shall not be entitled to any damages or compensation or be reimbursed for any losses due to any delay or delays resulting from any of the causes as mentioned earlier or any other cause whatsoever. SECTION 11: TERM/LENGTH OF AGREEMENT 11.1 The Agreement's initial term is two (2) years. If agreed to in at least 30 days prior to the end of the current term, the parties may renew the Agreement for two (2) additional terms of one year. 11.2 The City has the right to extend any contract for the period necessary for the Contractor to complete their contractual obligations and/or release, award, and implement a replacement agreement. Such extension shall be based on the same prices, terms, and conditions this contract outlines. SECTION 12: DESIGNATED REPRESENTATIVES 12.1 The City designates the City Manager or their designated representative, to represent the City in all matters pertaining to and arising from the work and the performance of this agreement. 12.2 The City Manager, or his/her designated representative, shall have the following responsibilities: 12.2.1 Examination of all work and rendering, in writing, decisions indicating the City's 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 8 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V approval or disapproval within a reasonable time so as not to materially delay the work of the Contractor; 12.2.2 Transmission of instructions, receipt of information, and interpretation and definition of City's policies and decisions with respect to design, materials, and other matters pertinent to the work covered by this agreement; 12.2.3 Giving prompt written notice to the Contractor whenever the City official representative knows of a defect or change necessary in the project; and 12.2.4 Coordinating and managing the Contractor's preparation of any necessary applications to governmental bodies to arrange for submission of such applications. 12.3 Until further notice from the City Manager, the designated representative for this agreement is concerning this section of the Agreement: Jim Testa, Facilities Foreman E: Jtesta@citvofsebastian.orq_ P: 772-453-9722 The Contractor's designated representative is: Matthew Cronin, President Frontline Fire Protection Systems, LLC dba ATP Fire 215 West Drive, Melbourne, FL 32904 P:844-ATP-FIRE E: mcronin@atpalarms.com SECTION 13 - LIQUIDATED DAMAGES 13.1 Upon failure of the Contractor to complete the work outlined in each purchase order by the agreed upon completion date, the Contractor shall pay the City the sum of One Hundred Dollars ($100) for every calendar day until the work outlined in the purchase order is complete. The fixed and agreed liquidated damages are not as a penalty to represent the damages the City will sustain in the event of delay. The Parties agree and recognize the impossibility of precisely ascertaining the number of damages upon the City will sustain if the Contractorfails to achievethe Substantial Completion Datetimely. 13.2 When the Contractor defaults on the work outlined in each purchase order or any material provision thereof or fails to remedy any deficiency in performance, the City may procure the necessary supplies or services from an alternative source and hold the contractor financially responsible for any excess costs incurred. The difference between 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 9 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V the bid price of the product or service and the actual price paid may be deducted from any current or future obligations owed to the contractor as liquidated damages. SECTION 14: TERMINATION FOR CAUSE OR CONVENIENCE. 14.1 Notwithstanding any other provision of this agreement, the City shall have the right at any time to terminate this agreement in its entirety, with or without cause, as outlined herein. 14.2 WITH CAUSE: If the Contractor is found to have failed to perform services in a manner satisfactory to the City, the Contractor shall have ten (10) days to correct deficiencies. 14.2.1 Failure of the Contractor to remedy said specified deficiencies within ten (10) days of receipt of such notice shall result in the termination of the agreement, and the City shall be relieved of any responsibilities and liabilities under the terms and provisions of the contract. 14.3 WITHOUT CAUSE: The City shall have the right to terminate this agreement without cause with thirty (30) days' written notice to the Contractor. Notice shall be served to the parties as specified in the agreement. 14.4 Upon receipt of notice of termination, the Contractor shall promptly discontinue the provision of all services unless the notice provides otherwise. 14.5 If this agreement is terminated, the City shall identify any specific purchase order(s) being terminated and the specific purchase order(s) to be continued to completion according to the provisions of this agreement. 14.6 This agreement will remain in full force and effect as to all authorized purchase order(s) to be completed as outlined above. SECTION 15: PAYMENT IN THE EVENT OF TERMINATION 15.1 In the event this agreement or any purchase order is terminated or canceled before completion without cause, payment for the unpaid portion of the satisfactorily, undisputed services provided by the Contractor before the date of termination will be paid. SECTION 16: EQUAL OPPORTUNITY EMPLOYMENT 16.1 The Contractor shall not discriminate based on race, color, sex, age, national origin, religion, and disability or handicap by the provisions of: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000 et seq.), Title VII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 10 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V seq.), Florida Civil Rights Act of 1992 (§ 760.10 et seq.), Title 41 CFR Part 60 for compliance with Executive Orders 11246 and 11375, Title 49 CFR 23 and Title 49 CFR 26 for Disadvantaged Business Enterprises, Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.), Title 49 CFR 21 and Title 49 CFR 23, Nondiscrimination based on handicap, Title 49 CFR 27, Americans with Disabilities Act of 1990 (42 U.S.C. 12102, et. seq.), Federal Fair Labor Standards Act (29 U.S.C. § 201, et seq.), and any other federal and state discrimination statutes. The contractor shall furnish pertinent information regarding its employment policies and practices and those of their proposed subcontractors the City may require. The above shall be required of any subcontractor hired by the Contractor. All equal employment opportunity requirements shall be included in all non-exempt subcontracts entered into by the Contractor. Subcontracts entered into by the Contractor shall also include all other applicable labor provisions. No subcontract shall be awarded to any noncomplying subcontractor. Additionally, the Contractor shall insert in its subcontracts a clause requiring subcontractors to include these provisions in any lower tier subcontracts that may be made. The Contractor shall comply with all state laws and local ordinances. SECTION 17: INDEMNIFICATION 17.1 The Contractor and any subcontractors shall indemnify, defend and hold harmless the City, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or its subcontractors and other persons employed or utilized by the Contractor or its subcontractors in the performance of the contract; irrespective of the negligence of the indemnitee or its officers, directors, agents, or employees. However, such indemnification shall not include claims of, or damages resulting from, gross negligence or willful, wanton, or intentional misconduct of the City or its officers, directors, agents, or employees. Upon request of the City, the Contractor or its subcontractors shall, at no cost or expense to the City, indemnify and hold the City harmless of any suit asserting a claim for any loss, damage, or liability specified above, and the Contractor or its subcontractors shall pay any cost and reasonable attorneys' fees that may be incurred by the City in connection with any such claim or suit or in enforcing the indemnity granted above. Nothing in this agreement shall be construed as the City waiving its sovereign immunity under Florida Statute §768.28 or any other sovereign or governmental immunity, nor an admission of any liability. This provision shall survive the termination of this agreement. SECTION 18: INSURANCE 18.1 The Contractor shall obtain or possess and continuously maintain the following insurance coverage from a company or companies with a Best Rating of A- or better, authorized to do business in the State of Florida and a form acceptable to the City and with only such terms and conditions as may be sufficient to the City: 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 11 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V 18.1.1 Worker's Compensation: The Contractor shall provide and maintain Coverage for all employees for statutory limits as required by the State of Florida's Statutory Workers' Compensation Law and all applicable Federal laws. Any policy must include the Employer's Liability with minimum limits of $1,000,000 for each accident and a waiver of subrogation. 18.1.2 Comprehensive General Liabilitv: The Contractor shall provide minimum combined single limits of $1,000,000.00 for each occurrence / $2,000,000.00 general aggregate for bodily injury and property damage liability. This shall include premises/operations, personal & advertising injury, products & completed operations, broad form property damage, personal and advertising injury, and contractual liability coverage. 18.1.3 Comprehensive Automobile Liabilitv: The Contractor shall provide minimum liability limits of $1,000,000.00 for each accident, combined with a single limitfor bodily injury and property damage. This shall include coverage for: 18.1.3.1 Owned Automobiles 18.1.3.2 Hired Automobiles 18.1.3.3 Non -Owned Automobiles 18.1.4 Umbrella/Excess Liability: The Contractor shall provide umbrella/excess coverage with limits of no less than $1,000,000.00 excess of Comprehensive General Liability, Automobile Liability, and Employers' Liability. "This coverage is optional if the CONTRACTOR carries $2,000,000 Commercial General Liability Insurance with a $2,000,000 general aggregate* 18.1.5 All insurance other than Worker's Compensation to be maintained by the Contractor shall specifically include the City as an additional insured. 18.2 The Contractor shall provide certificates of insurance to the City, evidencing that all such insurance is in effect before the issuance of the first purchase order under this agreement from the City. These certificates of insurance shall become part of this agreement. Neither approval by the City nor failure to disapprove the insurance furnished by a Contractor shall relieve the Contractor of the Contractor's full responsibility for performance of any obligation, including the Contractor's indemnification of the City under this agreement. If, during the period which an insurance company is providing the insurance coverage required by this agreement, an insurance company shall: (1) lose its Certificate of Authority, (2) no longer comply with Section 440.57, Florida Statutes, or (3) fail to maintain the requisite Best's Rating and Financial Size Category, the Contractor shall, as soon as the Contractor knows any such circumstance, immediately notify the City and immediately replace the insurance 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 12 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V coverage provided by the insurance company with a different insurance company meeting the requirements of this agreement. Until the Contractor has replaced the unacceptable insurer with insurance acceptable to the City, the Contractor shall be deemed to be in default of this agreement. 18.3 The insurance coverage shall contain a provision that requires that before any changes in the coverage, except increases in aggregate coverage, thirty (30) days prior notice will be given to the City by submission of a new certificate of insurance. 18.4 The Contractor shall furnish a certificate of insurance directly to the City's procurement/contracts manager. The certificates shall indicate that the Contractor has obtained insurance of the type, amount, and classification required by this agreement. 18.5 Nothing in this agreement or any action relating to this agreement shall be construed as the City's waiver of sovereign immunity beyond the limits outlined in Section 768.28, Florida Statutes. 18.6 The City shall not be obligated or liable under the terms of this agreement to any party other than the Contractor. There are no third -party beneficiaries to this agreement. 18.7 The Contractor is an independent Contractor and not an agent, representative, or employee of the City. The City shall have no liability except as specifically provided in this agreement. 18.8 All insurance shall be primary to, and not contribute to, any insurance or self-insurance maintained by the City. SECTION 19: STANDARDS OF CONDUCT 19.1 The Contractor shall promptly notify the City in writing of the filing of any voluntary or involuntary petition for bankruptcy and/or any insolvency of the Design -Builder or any of its subcontractors involved in the provision of the Services under this Agreement. 19.2 The Contractor hereby certifies that no undisclosed (in writing) conflict of interest exists concerning the agreement, including, but not limited to, any conflicts that may be due to the representation of other clients, customers, or vendees, other contractual relationships of the Contractor, or any interest in property that the Contractor may have. The Contractor further certifies that any conflict of interest arising during this agreement's term shall be immediately disclosed in writing to the City. Violation of this Section shall be considered as justification for immediate termination of this agreement. 19.3 If the City determines that any employee or representative of the Contractor is not satisfactorily performing his/her assigned duties or is demonstrating improper conduct under any assignment or work performed under this agreement, the City shall notify 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 13 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V the Contractor in writing. The Contractor shall immediately remove such employee or representative of the Contractor from such assignment. 19.4 The Contractor shall not publish any documents or release information regarding this agreement to the media without prior approval of the City. 19.5 The Contractor shall certify, upon request by the City, that the Contractor maintains a drug -free workplace policy following Section 287.0878, Florida Statutes. Failure to submit this certification may result in termination of this agreement. 19.6 If the Contractor or an affiliate is placed on the convicted vendor list following a conviction for a public entity crime, such action will result in termination of this agreement by the City. Under a contract with any public entity, the contractor, supplier, or subcontractor may not transact business with any public entity above the threshold amount provided in s. 287.017, Florida Statutes for CATEGORY TWO for 36 months after being placed on the convicted vendor list. 19.7 Contractor certifies to the best of their knowledge and belief, that they and their principals (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any municipal, City, state or federal department or agency; (2) have not, within a three year period preceding execution of this agreement, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records; making false statements; or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated above; (4) have not within a three year period preceding execution of this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default; and (5) will advise the City immediately if their status changes and will explain the change in status. 19.8 The City reserves the right to unilaterally terminate this agreement if the Contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and other applicable law, and made or received by the Contractor in conjunction, in any way, with this agreement. 19.9 The Contractor shall comply with the requirements of the Americans with Disabilities Act (ADA), and all related federal or state laws which prohibit discrimination by public and private entities based on disability. 19.10 The City will not intentionally award publicly -funded contracts to any Contractor who 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 14 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) Section 274A(e) of the Immigration and Nationally Act (INA). The City shall consider the employment by the Contractor of unauthorized aliens, a violation of Section 274A(e) of the INA. Such violation by the Contractor of the employment provisions contained in Section 274A(e) of the INA shall be grounds for immediate termination of this agreement by the City. 19.11 The Contractor agrees to comply with federal, state, and local environmental, health, and safety laws and regulations applicable to the goods and/or services provided to the City. The Contractor agrees that any program or initiative involving the work that could adversely affect any personnel involved, citizens, residents, users, neighbors, or the surrounding environment will ensure compliance with all employment safety, environmental, and health laws. 19.12 The Contractor shall ensure that all goods and/or services are provided to the City after the Contractor has obtained any permits, licenses, permissions, approvals, or similar consents at its sole and exclusive expense. 19.13 If applicable, per Section 216.347, Florida Statutes, the Contractor shall not use funds provided by this agreement to lobby the Legislature, the judicial branch, or state agency. Furthermore, Contractor shall not, in connection with the contract, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any City officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty; or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any City officer or employee. "Gratuity" means any payment of more than nominal monetary value in cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, money deposits, services, employment, or contracts. 19.14 The Contractor shall advise the City in writing who has been placed on a discriminatory vendor list, may not submit a bid on a contract to provide goods or services to a public entity, or may not transact business with any public entity. 19.15 The Contractor shall not engage in any action that would create a conflict of interest in the performance of that actions of any City employee or other person during the performance of, or otherwise related to, this agreement or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. SECTION 20: PUBLIC RECORDS 20.1 The Contractor will keep and maintain public records required by the City to perform the service. Upon request from the City's custodian of public records, the Contractor will provide the City with a copy of the requested records or allow the records to be 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 15 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BAS'TIAN HOME OF PELICAN ISLAND 1V inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statues, or as otherwise provided by law. Upon completion of the Agreement, the Contractor will transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the City to perform the service. The Contractor will ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the term of the Agreement and following completion of the Agreement if the Contractor does not transfer the records to the City. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology system of the City. If the Contractor does not comply with the City's request for public records, the City shall enforce the provisions of the Agreement per the terms of the Agreement and may terminate the Agreement. 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 AGREEMENT, CONTACT JEANETTE WILLIAMS, CUSTODIAN OF PUBLIC RECORDS, AT 1225 MAIN STREET, SEBASTIAN, FL 32958; EMAIL: iwilliams@Cityofsebastian.orci; PHONE: 772-388-8215. SECTION 21: CODES AND DESIGN STANDARDS 21.1 All services to be performed by the Contractor shall, at a minimum, be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any federal, state, and local regulatory agencies. 21.2 The Contractor shall be responsible for keeping apprised of any changing laws applicable to the goods and/or services to be performed under this agreement. SECTION 22: ASSIGNABILITY 22.1 The Contractor shall not sublet, assign, or transfer any interest in this agreement or claims for the money due or to become due out of this agreement to a bank, trust company, or other financial institution without written City approval. When approved by the City, written notice of such assignment or transfer shall be furnished promptly to the City. 22.2 The Contractor agrees to reasonably participate in the contract "piggybacking" 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 16 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V programs pertinent to local governments. SECTION 23: SUBCONTRACTORS 23.1 Any Contractor's proposed subcontractors shall be submitted to the City for written approval before the Contractor enters a subcontract. Subcontractor information shall include, but not be limited to, state registrations, business address, occupational license tax proof of payment, and insurance certifications. 23.2 The Contractor shall coordinate the provision of goods and/or services and work product of any City approved subcontractors and remain fully responsible for such goods and/or services and work under the terms of this agreement. 23.3 Any subcontract shall be in writing and shall incorporate this agreement and require the subcontractor to assume the performance of the Contractor's duties commensurately with the Contractor's responsibilities to the City under this agreement; it is understood that nothing herein shall in any way relieve the Contractor from any of its duties under this agreement. The Contractor shall provide the City with executed copies of all subcontracts. 23.4 The Contractor shall reasonably cooperate with the City and other City Contractors and professionals. SECTION 24: CONTROLLING LAWS/VENUE/INTERPRETATION/WAIVER OF JURY TRIAL 24.1 The laws of the State of Florida shall govern the agreement. In the event of litigation arising under this agreement, the venue of such action shall be an appropriate State or Federal Court in and for Indian River County, Florida. The parties agree that in the event of litigation arising from this agreement, each shall waive any right to trial by jury. 24.2 This agreement is the result of bona fide arms -length negotiations between the City and the Contractor, and all parties have contributed substantially and materially to the preparation of the agreement. Accordingly, this agreement shall not be construed or interpreted more strictly against any one party than against any other party. SECTION 25: FORCE MAJEURE 25.1 Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations, or any of them, is delayed or prevented by Force Majeure. Force Majeure shall include, but not be limited to, hostility, terrorism, revolution, civil commotion, strike, epidemic, pandemic, fire, flood, wind, earthquake, explosion, any law, proclamation, regulation, or ordinance or other act of government, or any act of God or any cause whether of the same or different 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 17 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V nature, existing or future; provided that the cause whether or not enumerated in this Section is beyond the control and without the fault or negligence of the party seeking relief under this Section. SECTION 26: EXTENT OF AGREEMENT/INTEGRATION/AMENDMENT. 26.1 This agreement and the exhibit(s) constitute the entire integrated agreement between the City and the Contractor and supersedes all prior written or oral understandings in connection therewith. This agreement and all the terms and provisions contained herein, including without limitation the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof and supersedes and controls over any prior agreements, understandings, representations, correspondence, and statements whether written or oral. 26.2 This agreement may only be amended, supplemented, or modified by a formal written amendment. 26.3 Any alterations, amendments, deletions, or waivers of the provisions of this agreement shall be valid only when expressed in writing and duly signed by the parties. SECTION 27: NOTICES 27.1 Whenever either party desires to give notice unto the other, it must be given by written notice, sent by email and/or registered United States mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified. The place for giving notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this Section. 27.2 For the present, the parties designate the following as the representative places for giving of notice, to wit: City Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 TO THE CITY: Procurement/Contracts Manager City of Sebastian 1225 Main Street Sebastian, FL 32958 P: 772-388-8231 E: iessgraham@citvofsebastian.orq 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Document ID: 3948410733OA444DB22A60AE38D824B5 Page 18 of 30 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V TO THE CONTRACTOR: Matthew Cronin, President Frontline Fire Protection Systems, LLC dba ATP Fire 215 West Drive, Melbourne, FL 32904 P:844-ATP-FIRE E: mcroninPatr)alarms.com 27.3 Written notice requirements of this agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Contractor agrees not to claim any waiver by the City of such notice requirements based upon the City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Contractor to comply with the express written notice requirements herein. Computer notification (e-mails and message boards) shall not constitute proper written notice undertheterms of the agreement. SECTION 28: WAIVER 28.1 The failure of the City to insist in any instance upon the strict performance of any provision of this agreement or to exercise any right or privilege granted to the City hereunder shall not constitute or be construed as a waiver of any such provision or right and the same shall continue in force. SECTION 29: NO GENERAL CITY OBLIGATION 29.1 In no event shall any obligation of the City under this agreement be or constitute a general obligation or indebtedness of the City, a pledge of the ad valorem taxing power of the City, or a general obligation or indebtedness of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. 29.2 The Contractor shall not have the right to compel the exercise of the ad valorem taxing power of the City. SECTION 30: EXHIBITS 30.1 Each exhibit referred to and attached to this agreement is an essential part of this agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto, shall be treated as if they are part of this agreement. SECTION 31: SEVERABILITY/CONSTRUCTION 31.1 If any term, provision, or condition contained in this agreement shall, to any extent, be held invalid or unenforceable, the remainder of this agreement, or the application of 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 19 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V such term, provision, or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable, shall not be affected thereby, and each term, provision, and condition of this agreement shall be valid and enforceable to the fullest extent permitted by law when consistent with equity and the public interest. 31.2 All provisions of this agreement shall be read and applied in para materia with all other provisions hereof. SECTION 32: SURVIVAL 32.1 All express representations, waivers, indemnifications, and limitations of liability included in this agreement shall survive completion or termination of the agreement for any reason. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 20 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V IN WITNESS WHEREOF, the parties hereto have made and executed this agreement on the respective dates under each signature: the City taking action on the 9th , day of June , 2025 and the Contractor signing by and through its duly authorized corporate officer having the complete authority to execute same. ATTEST: 6ale AaA� ID: 21 D809B4-1797-48FA-A2AF-5E84ECDEAF... Digitally signed by Gayle Paulson < }lei@atpalarms.com> u1ri+ffY501:53 PM EDT ATTEST: ,lea, VW&,hj,ID:A55EBEFB-1164-48CB-A... Digitally signed by Jeanette Williams <jwilliams@cityofsebastian.or J ea nette W i l l i a m �rMMC5 04:56 PM EDT City Clerk For the use and reliance of the City of Sebastian only. Approved as to form and legal sufficiency. ID: E9A6A8C-4C55-A935... Digitally signed by Jennifer Cockcroft <irnrkantr alritynfcahadian nrg Jennifer D. Cockcr june4§402:06 PM EDT City Attorney 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Frontline Fire Protection Systems, LLC Dba ATP Fire : / �ID:3839AD05-16D6-4F36-ACFA-... Digitally signed by Matthew Cronin <i��ain@atpaiarms.com> Matthew Cronin, Pei� 06:52AM EDT Date: 06/09/2025 CITY OF SEBASTIAN, FL By-&&i?i ID: 9A51810 F-04F7-42E9-A36F-54EBC36B5 B F8 Diaitally sianed by Brian Benton 010MVf&st V'Manager Date: 06/09/2025 Page 21 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V Exhibit "A" Scope of Services 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 22 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V 2.1 SCOPE OF WORK 2.1.1 Project Summary: The Contractor will be required to perform the following services for the City of Sebastian: A. Fire extinguishers furnished shall meet the following minimum requirements: a) 2.5 lb. ABC fire extinguishers will berated 2A:1 OB:C. b) 5 lb. ABC fire extinguishers will berated 2AA OB:C. c) 5 lb. Halon fire extinguisher will berated 5-B:C d) 10 lb. ABC fire extinguishers will berated 4A:80B:C. e) 10 lb. CO2 fire extinguisher will berated 10-B:C f) 20 lb. ABC fire extinguishers will berated 10A:120B:C. g) 20 lb. BC fire extinguisher will be rated 80-B:C h) 20 lb. Purple K fire extinguisher will be rated 120B:C i) 50 lb. ABC fire extinguisher will be rated 20AA 6013: C j) 50 lb. Purple K Wheeled fire extinguisher will be rated 160B:C B. During annual inspections, the Contractor shall write all hydrostatic test dates on the top right side of the card (just over the extinguisher's serial numbers). C. Contractor shall verify the serial numbers of each extinguisher. D. Contractor shall furnish the city with a schedule and inform the City of the date and time inspections will occur. E. Contractor shall perform testing and recharging extinguishers on site, except for hydrostatic testing. F. Contractor shall have a hydrostatic testing facility. G. If, during an inspection, the Contractor identifies a need for an extinguisher replacement, the Contractor shall notify the project manager before replacing the extinguisher H. Contractor shall inventory existing fire extinguishers and furnish a copy to the City Project Manager. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 23 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V I. Contractor shall supply each fire extinguisher with a stick -on, weather - resistant label for 6-year maintenance. J. Contractor shall update the inventory list as changes are made and notify the City Project Manager in writing. 2.1.2 Workina Hours: This project's normal/standard working hours are 8:00 AM - 4:30 PM Monday through Friday, excluding holidays. The contractor shall provide 48- hour advance notice to the City Project Manager for work outside regular shift hours. The city may decline the request. 2.2 INSPECTION SCHEDULE 2.2.1 The 2024 fire inspections were completed on June 25, 2024. 2.2.2 The Annual Fire Extinguisher inspections must be completed each year in June. 2.3 REPORTS 2.3.1 The Contractor shall provide reports of all work in progress. Reports shall be submitted no later than five (5) days after the inspections. Reports must be provided to the City of Sebastian Project Manager before payment for such work. 2.4 CONTRACTOR EMPLOYEES AND EQUIPMENT 2.4.1 The Contractor must utilize competent employees in performing the work. Employees performing the work must be properly licensed or qualified as required by the scope/project. 2.4.2 The Contractor shall provide an assigned Project Manager, who will be the primary point of contact. The contractor must provide the city project manager with a valid telephone number and address at all times. The telephone must be answered during normal working hours, or voicemail must be available to take a message. 2.4.3 At the city's request, the Contractor must replace any incompetent, unfaithful, abusive, or disorderly person in their employment. The City and the Contractor must each promptly notify the other of any complaints received. 2.4.4 The contractor's employees must wear suitable work clothes and personal protective equipment as defined by OSHA. Employees shall be clean and in as good an appearance as the job conditions permit. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 24 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V 2.4.5 Contractor will operate as an independent contractor and not as an agent, representative, partner, or employee of the City of Ocala, and shall control their operations at the work site, and be solely responsible for the acts or omissions of their employees. 2.4.6 No smoking is allowed on City property or projects. 2.4.7 Contractor must possess/obtain all required equipment to perform the work. A list of equipment shall be provided to the City upon request. 2.4.8 All company trucks must have a visible company name/logo on the outside of the vehicle. 2.5 CITY OF SEBASTIAN RESPONSIBILITIES 2.5.1 The City of Sebastian will furnish the following services/data to the Contractor for the performance of services: A. Access to City buildings and facilities to perform the work. B. The City reserves the right to purchase any materials for the Contractor. The Contractor shall not charge a mark-up fee for material furnished by the City. 2.5.2 The City reserves the right to purchase any materials for the Contractor to use. The Contractor shall not charge a mark-up fee for material furnished by the City. 2.6 CONTRACTOR'S RESPONSIBILITIES 2.6.1 The Contractor shall complete all work performed under this solicitation following policies and procedures of the City of Sebastian and all applicable State and Federal laws, policies, procedures, and guidelines. 2.6.2 The Contractor shall obtain and pay for any licenses, additional equipment, dumping and/or disposal fees, etc., required to fulfill this contract. 2.6.3 Installation shall comply with all requirements and instructions of applicable manufacturers. 2.6.4 Contractor is responsible for any damages including but not limited to buildings, curbing, pavement, landscaping, or irrigation systems caused by their activity. Should any public or private property be damaged or destroyed, the Contractor at their expense, shall repair or make restoration as acceptable to the City of 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 25 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V destroyed or damaged property no later than one (1) month from the date damage occurred. 2.6.5 Data collected by the Contractor shall be in a format compatible with or easily converted to City's databases. A sequential naming convention should be applied to the files and documentation provided to the City. 2.6.6 The Contractor shall ensure that all documents prepared under this contract have been prepared on a Windows -based operating system computer using the most current version of Microsoft Office, which includes: Word, Excel, or any other software as specified and approved by City staff. 2.7 SUB -CONTRACTORS Services assigned to sub -contractors must be approved in advance by the City Project Manager. 2.8 SAFETY 2.8.1 The Contractor shall be fully responsible for the provision of adequate and proper safety precautions meeting all OSHA, local, state, and national codes concerning safety provisions for their employees, sub -contractors, all building and site occupants, staff, public, and all persons in or around the work area. 2.8.2 In no event shall the City be responsible for any damages to any of the Contractor's equipment, materials, property, or clothing lost, damaged, destroyed, or stolen. 2.8.3 Before completion, storage and adequate protection of all material and equipment will be the Contractor's responsibility. 2.9 WARRANTY 2.9.1 The contractor will provide a one-year material and labor warranty from the date of completion against operational failure caused by defective material or workmanship that occurs during normal use. 2.9.2 All manufacturer warranty documentation and owner/operator manuals must be provided before the final payment request. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 26 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V 2.10 INSPECTION 2.10.1 The Contractor must notify the requesting department upon completion of the work to allow fortimely inspections for compliance with the requirements of this specification and as a condition of payment. 2.10.2 The Contractor must submit completion photos to the requesting department. 2.11 INVOICING 2.11.1 All original invoices will be sent to Jim Testa, Facilities Forman, Jtesta(@citvofsebastian.ora. 2.11.2 Contractor will invoice at least once a month. 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 27 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V Exhibit "B" Price Proposal 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 28 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY or SEB�N HOME OF PELICAN ISLAND Fire Extinguisher Maintenance and Inspection -Years 1 & 2 Solicits n p 25-144TB Sclbitatiun ; Ns: Fire E thg.iahar Meintonance and Insim.W, Campeny Name IFrentina Fire Protectic� Sysbres, :C db. ATP Fire IThe bidder aubmib the following prices for the work described in this solicitation. Rates provided Include all costs associated wfih the works performance, such as overhead and profits, Wiling, meals, transportation (including trip charges), rentals, safety gear, telpher. costs, and all other materials, items, and miscellaneous expenses. Item No. Description qty Unit Price Total Price Annual Inspection Annual Fire Fdngutsher Re..ff-lion Inspectlons 387 $ 6.00 $ 2.322.00 I'(he4uan�tylited is acumts as of March 2025.However, the Poe exfinguisherwun maychanga prior { to the contractsla date.' Fire Exdnguishor Rechargs It.. No. DesMption Unit Was i 2 - Ib. ABC Dry Chemical Recharge $ 30.00 2 6Ib. ABC Dry Chembal Recharge $ 40.00 3 10 lb. ABC Dry Chemical Recharge $ 60.00 4 2016. ABC Dry Chembal Recharge $ 80.00 6 50 lb. ABC Dry Chambal Recharge $ 125.00 8 5 m. Habit Recharge S 1135.00 7 101b. Cot Recharge $ 95.00 e 201b. BC Dry Chembal Recharge $ woo e Year Ma.nt 9 _.gib. ABC Dry Chemical- B Year Fire Extinguisher Malmanance $ 30.00 10 51b. ABC Dry Chembal-8 Year Are Ex0ngulsher Maintenance $ 40.00 11 1016. ABC Dry Chamlpal-e Year Fire Exlingulaher Malntensnce S 60.00 12 20lb. AEC Dry Chemical- B Year Fire Extinguisher Maintenance $ 80M 13 50 lb. ABC Dry Chemical-0 Yeer Fir. Egnguah.r Maintenance $ 125.00 14 516. Habn -8 Year Fire Exbngulsher Maintenance $ 105,00 I 15 101b. Cot -8 Yoer Flre Extlnguleher Mairl.nonc. S 95.00 18 `. ^ry Chemical -6 Year Fire Extinguisher Maintenance $ 80.0C Hydrostatic Testing 17 2.51.. ABC Dry Chemical - Hydrostatic Tasting no charge 18 5lb, ABC Dry Chemical- Hydrostatic Tastng no charge 19 t01b. ABC Dry Chemical - Hydrostatic Testing no charge 20 20 lb. ABC Dry Chemical - Hydrocia9c Tasting no charge 21 50 lb. ABC Dry Chemical - Hydrostatic Tasting no charge 22 5lb. Halon -Hydrostatic Testing no charge 23 10 ib. Co2 - Hydrostatic Teeing no charge 24 20lb. BC Dry Chemical- Hydrosbflc Testing no charge New Exti ... lshar Purchase 25 2.5 lb. Dry Chemical -New 49.00 28 511,. Dry Chemical - New $ 79A0 27 101b. Dry Chembal - New $ 109.00I 28 20 6. Dry Chembal -New T 211,00 29 501b. Dry Chemical -New $ 279:00 30 521. Habn - New $ 259.90 IM 1016. Co2-New $ 259.0DI I32 201b. BC Dry Chembal - New $ 219.00I jMiseallameoua 33 Plaslic Fire-nguishar Cabinet -W tic $ 60-00I I34 Acrylic Panel for Plastic Fire Exllnguahar Cabinet I $ 15.00) rocure•en1 Dhlsbn Document ID: 39484107330A444DB22A60AE38D824B5 1225 Main Sbee: Behest— FI. 32958 Phone: 772388-823t 13TY OF S BN HOME OF PELICAN ]ISLAND Fire Fxtingulsher Maintenance and Inspection - Years 3 & 4 (OPTIONAL RENEWAL TERM) -V the hanewal tans Is executed, the rates balm will be enacted for years 3 and 4 of the contract' Sof nation B25-14-.TB Solk0ation Tito: Fire E tingulMer Malntenanca and Inspection (Company Name IF-..,. Fire PretoatJ. s Systems, LLC. dba ATP Fire The bidder submits the fallowing prices far the work described in thls solicitation. Rates provided include all costs associated with the work's performance, such as overhead and profits, lodging, meals, transportation (including trip charges), rentals, safety gear. kAephone costs, and all other materiels, items, and miscellaneous expermos. It.. N. IDeacrileft. I Oty I UnN Price I Total Price Annual Inspection (Annual Fire Ednguiaher Racer 1ioetion Inspections I 387 I $ BAO $ 2,322.00 'The Vuan naiad lsacurate as of March 2025. However, the fire ex0ngulsher coon may change pdorlo the contract steeldata.* Fire Extinguisher Recharge Item No. Description Unit Price 1 2.5 Ib. ABC Dry Chemical Recharge $ 30.00I 2 5 m. ABC Dry Chemical Recharge $ 40.00 3 101b. ABC Dry Chemical . -he-. $ 60-00 4 201b. ABC Dry Chemical Recharge $ 60.00 5 SO lb. ABC Dry Chemical Reciter.. 125.00 it 5lb. Halon Recharge 3 105.00 7 101b. Co2 Recharge $ 95.00 i 8 2011b BC Dry Chemlcal Recharge $ 80.00 g Ywr Mane 9 2.5lb. ABC Dry Chemical -0 Year Fire Extinguisher Maintenance $ 30.00 10 51b. ABC Dry Chemical -8 Year Fire Extinguisher Maintenance $ 40.00 11 101b. ABC Dry Chemlcal- a Year Flre ExUngclsher Molnlenance $ 00.00 12 211 b. ABC Dry Ch.-..l -0 Year Ftre Extingulaher Malntenanca $ 80.00 13 SO Ib. ABC Dry Chemkel-8 Year FIre Extin.ulsher Malntenanca 5 125.00 14 51b. Halon • 0 Year Fire Extinguisher Maim nonce $ 105.00 15 10lb- C.2 -8 Year FIre Exlinguiaher Maintenance $ 95.00 ie 20 It, SC Cry Chemical- B Year Fire Extinguisher Maintenance $ 80.00 Hydrostat Testing 17 2.5In, ABC Dry Chemlcal- Hydr.sl3Uc Tealing no cherga 18 51b. ABC Dry Chemlcal • Hydr.9latic Tastlng o charge 19 10 Its. ABC Dry Chemical - Hydrostatic Testing no clung. 20 201b. Q. Dry Chemlcal- Hydrostatic Tealing no charge 21 SO Its ABC DryChemlcal- Hydrostatic Te Ung no charge 22 5lb. Helen • Hydr.at.Uc Testing no charge 23 10 lb. C.2 - Hydrostatic Testing no charge 24 ' Its 1- ' ` ' , ni 1- Hydr.st.W Testing no charge New Extinguisher Purchase 25 2.511b. Dry Chemical - New $ 49.00 28 5lb. Dry Chemical - New $ 79.00 27 1011b. Dry Ch.mkal -New $ 109.00 28 201b. Dry Chemkel - New $ 219.00 29 50 lb. Dry Chemical - New $ 279.00 30 5 m. Haler. - New $ 259.00 I31 101b. Co2 - New $ 259.00 32 20 lb. BC D.y Chemical - New $ 219.00 'Nlsoollaneous 33 Plastic Fire Edingulsher C1binet-1011, $ 69.00 34 Acryik Panel for Plastic Fire EWngulsher Cabinet 15.00 Procureme t Divan Document ID: 3948410733OA444DB22A60AE38D824B5 1225 Main Street SebaeBan. FL 3295E Ph... 772-31IM231 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V Exhibit "C" Contractor Submittal 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 29 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 �a SEB :LAN 25-14-ITB CONTACT INFORMATION SHEET DUE DATE: April 24, 2025 Bids due on or before 2:00 PM LOCAL TIME City of Sebastian ATTN: Procurement 1225 Main Street Sebastian, Florida 32958 CONTACT: Jessica Graham, CPPB Procurement/Contracts Manager (772) 388-8231 jessaraharn0citvofsebastian.orq Check the Addenda for any revised opening dates before submitting your bid. Bid(s) received after the ITB TITLE: Fire Extinguisher Inspection, Maintenance & date and time stated above will not be opened. Replacement ITB NO.: 25-14-ITB Proposer Name and "Doing Business As", if applicable: Frontline Fire Protection Systems, LLC dba ATP Fire Federal Tax Identification Number: 45-3231787 Address: 215 West Drive City: Melbourne Code: 32904 Telephone No: 844-ATP - FIRE E-Mail Address of Authorized Representative State: Florida I Fax No: 321-729-6353 mcronin@atpalarms.com Zip I certify that I have carefully examined the ITB document and associated documents, including the Addenda, accompanying or made a part of this solicitation. I further certify that all information contained in this bid is truthful to the best of my knowledge and belief and that I am duly authorized to submit this bid on behalf of the proposer named above and that the proposer is ready, willing, and able to perform if awarded. In compliance with this solicitation, and subject to all conditions herein, I hereby propose and agree to furnish the goods and /or services specified in the ITB at the prices or rates in my bid and prices will remain for a period of ninety (90) days to allow the City adequate time to evaluate the bid. Signatu a of Authorized Representative (Manual) Matthew Cronin Name of Authorized Representative (Typed or Printed) President Title Date 4-24-2025 Each bid submittal must include the signature of an officer or employee with the authority to bind the contractor in the space(s) provided. If the individual is not listed on Sunbiz.org, a Corporate Resolution shall be provided. If a corporate resolution is not provided for the bid submittal, the bid submittal shall be marked non- responsive. The City reserves the right to reject any and all bids or to accept any bid or portion deemed to be in the City's best interest and waive any non -substantial irregularities. Failure to complete and submit this form with vour bid packaae may result in the resection of your bid Page 36 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 SEEN CORPORATE RESOLUTION I, Matthew Cronin 25-14-ITB Board President of Frontline Fire Protection Systems, LLC. , a corporation organized and existing under the laws of the State of 0 i ALA 11,-C: hereby certify that at a meeting of the Board of Directors of the Corporation duly called and held on , 2025, at which a quorum was present and acting throughout, the following resolutions were adopted and are now in full force and effect: RESOLVED that the following individual of this corporation is authorized to execute on behalf of this corporation bids and agreements, of which bids and agreements include a hold harmless and indemnification clause. I further certify that the names of the officers of this corporation and any other persons authorized to act under this resolution and their official signatures are as follows: NAME See Attached OFFICIAL SIGNATURE Florida IN WITNESS WHEREOF, I have hereunto subscribed my name as Board President and affixed the seal of the corporation this Z_3 day of 14-(df-L ! , 2025. Board President Signature: /-�X / 1- STATE OF - ---_.___. _.•.•._ COUNTY OF The foregoing instrument was acknowledged before me, by means of ✓hysical presence or _ online notarization, this z3 day of i4pri'% I 20ZS- (year) by Vq a 4+,e� Cm,, n who is personally known to me or who has produced as identification and who did (did not take an oath. (Signature of Notary Public) 0ca s kej (Name of Notary — Typed, printed or stamped) (Notary Seal / Serial Number) ��.v'�'•••,; MARY CASTEEL (Date) f Notary Public - State of Florida �`` Commission # HH 648794 My Comm. Expires Apr 3, 1029 9onded through National Notary Assn. Failure to complete and submit this form with your bid Package may result In the reiection of v ur bid Page 37 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 uuua01911 r-11MOuNa rv. I Wk WRITTEN CONSENT OF THE BOARD OF MANAGERS OF FRONTLINE FIRE PROTECTION SYSTEMS, LLC THE UNDERSIGNED, being a majority of the members of the Board of Managers of Frontline Fire Protection Systems, LLC, a Delaware limited liability company (the "Company"), do hereby consent to and adopt the following recitals and resolutions for and on behalf of the Company: RESOLVED, that the following individuals are hereby elected to the offices of the Company set forth opposite their names to serve in such capacities until their respective successor(s) to such offices are duly elected and qualified: Name Matthew Cronin Office President FURTHER RESOLVED, that this Written Consent of The Board of Managers may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g. www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. BEING THE MAJORITY OF THE BOARD OF MANAGERS Dated as of MaY 1 1 2021 OncuSignrd.by: (,ai,WMt4,W P. (h&SS(WJ Jr. c . 1° Coassin, Jr. {�.e►�as t Thomas Gibney Document ID: 39484107330A444DB22A60AE38D824B5 SEEN 25-14-ITB STATEMENT OF BIDDER'S QUALIFICATIONS Solicitation Title: Fire Extinguisher Inspection, Maintenance & Replacement Solicitation Number: 25-14-ITB Name of Bidder: Frontline Fire Protection Systems, LLC Professional License Type and Number: (1) How long has your organization performed services under your present name? 12 Years (2) How long has your company provided FIRE EXTINGUISHER SERVICES as a contractor or subcontractor? 12 Years (3) Has your organization, any officer, or partner failed to complete any work awarded to you? If so, where and why? No (4) Has your company been in disputes or litigations in the last five (5) years over past or present projects? If so, describe the nature of the dispute or litigation and state the Owner's Name, Address, Telephone, and number of disputes or litigations. (Use additional sheets if necessary.) No (5) Has the bidder's organization or any of its officers, received a reprimand of any nature or been suspended by the Department of Professional Regulations or any other regulatory agency or professional association within the last five (5) years? ( ) YES (X) NO (6) Has the bidder's organization been declared in default, terminated, or removed from a contract or job related to the services your company provides in the regular course of business within the last five (5) years ( ) YES (,� NO (7) Has your organization filed any request for equitable adjustment, contract claims, protest, or litigation in the past five (5) years related to the services provided in the regular course of business? ( ) YES (X) NO I hereby certify that all statements made are true and I agree and understand that any misstatement or misrepresentation or falsification of facts shall be cause for forfeiture of rights for further consideration of this ITB for the C' y of Seb stun. 4-23-2025 Signature of Contractor's Authorized Official Date Matthew Cronin - President Name and Title of Contractor's Authorized Official Failure to complete and submit this form with vour bid oackaae may result in the resection of vour bid Page 38 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 �a SFi13ASTIAN �®-W 25-14-ITB NON -COLLUSION AFFIDAVIT OF PRIME BIDDER STATE OF Florida /ClOUNT/Y� OF Indian River County wl�+.�l C�✓v✓ic'< , being duly swom, deposes and says that: (1) He/she is of, the (Title) (Firm/Company) bidder that has submitted the attached bid (2) He/she is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid. (3) Such bid is genuine and is not a collusive or sham bid. (4) Neither the said bidder nor any of its officers, partners, owners, agent representatives, employees or parties in interest including this affiant, has in any way, colluded, conspired, or agreed, directly or indirectly, with any other bidder, firm or person, to submit a collusive or sham bid in connection with the Agreement for which the attached bid has been submitted or to refrain from proposing in connection with such Agreement, or has in any manner, directly or indirectly, sought by Agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through an collusion, conspiracy, connivance or unlawful Agreement any advantage against the City of Sebastian, Florida, or any person interested in the proposed Agreement. (5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful Agreement on the part of the bidder or any of its agents, representatives, owners, employees, artie of interest, including affiant. (Signed) President (Title) -----.--------.----._-__-- STATE OF 1 COUNTY OF 8 rfivo,lrCif The foregoing instrument was acknowled ed before me, by means of `� physical presence or online notarization, this 23 day of r, , 242-5- (year) by &4Kt4-� or vu who is person II -known to me or who has produced as identification and who did (did not) take an oath. r (Signature of Notary Public) /fi r, I k 6�r- e-� (Name of Notary - Typed, printed or stamped) l (Notary Seal / Serial Number)1 yMARYCASTER , 23 - Z E;- (Date) $ `a Notary Public - State of Florida ' Commission # HH 648794 of ry My Comm. Expires Apr 3, 2029 Bonded through National Notary Assn. Failure to complete and submit this form with vour bid oackaae may result in the reiection of vour bid Page 39 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 m or SEBN xaxe ar r�cwx �surm DRUG FREE WORKPLACE PROGRAM 25-14-ITB In accordance with Section 287.087, Florida State Statues, preference shall be given to businesses with drug -free workplace programs. Whenever two or more bids or replies are received by the City that are equal with respect to price, quality, and service for the procurement of commodities or contractual services, a bid or reply received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drag abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere, to any violation of Florida Statute, Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace, not later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign such statement, I certify that the firm complies fully with the above requirements and indicate the program was implemented. Authorized Signature Frontline Fire Protection Systems, LLC. dba ATP Fire Company 4-24-2025 Date Failure to comolete and submit this form with your bid oackaae may result in the reiection of Your bid Page 40 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 — or SEEN HMEOFPKLM (SLAM 25-14-ITB CERTIFICATION REGARDING DEBARMENT AND SUSPENSION 1) This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the contractor is required to verify that none of the contractor's principles (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). 2) The contractor must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3) This certification is a material representation of fact relied upon by the City of Sebastian. If it is later determined that the contractor did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to the City of Sebastian, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4) The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. /�- 215 West Drive Authorifed Signature Address Matthew Cronin - President Melbourne, FL 32904 Printed Name & Title City, State, Zip Code Frontline Fire Protection Systems, LLC dba ATP Fire 4-23-2025 Company Date Failure to complete and submit this form with vour bid oackaae may result in the resection of vour bid Page 41 of 49 Document ID: 39484107330A444DB22A60AE38D824B5 �w SEB�AN 25-14-ITB CERTIFICATION REGARDING PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to s. 215.4725 of the Florida Statutes, or are engaged in a boycott of Israel. In addition, if this solicitation is for a contract for goods or services of one million dollars or more, I hereby certify that neither the undersigned entity, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for the purpose of making profit are 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 s. 215.473 of the Florida Statutes, or are engaged in business operations in Cuba or Syria as defined in said statute. I understand and agree that the County may immediately terminate any contract resulting from this solicitation upon written notice if the undersigned entity (or any of those related entities of respondent as defined above by Florida law) are found to have submitted a false certification or any of the following occur with respect to the company or a related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. / �''4` Authorized Signature Matthew Cronin - President Printed Name & Title 4-24-25 Date Failure to complete and submit this form with vour bid oackaae may result in the resection of vour bid Page 42 of 49 Document ID: 39484107330A444DB22A60AE38D824B5 SEEN 25-14-ITB APPENDIX A. 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000.00) The undersigned certifies, to the best of his or her knowledge, that: 1) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure The Contractor, Frontline Fire Protection Systems, LLC dba ATP Fire , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of ContrafCor's Authorized Official Matthew Cronin - President Name and Title of Contractor's Authorized Official 4-24-25 Date Failure to complete and submit this form with vour bid oackaoe may result in the resection of vour bid Page 43 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 SEEN 25-14-ITB CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN PROHIBITED AFFIDAVIT The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit Form ("Form") is required by Section 287.138, Florida Statutes ("F.S."), which is deemed as being expressly incorporated into this Form. The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal, quote, or other response or otherwise entering into a contract with the County. The associated bid, proposal, quote, or other response will not be accepted unless and until this completed and executed Affidavit is submitted to the County. Frontline Fire Protection Systems, LLC dba ATP Fire Bidder's/Pr000ser's Legal Comaanv Name in Paragraphs 2 (a) — (c) of Section 287.138, FS. does not meet any of the criteria set forth Pursuant to Section 92.525, F.S., under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Print Name of Bidder's/Proposer's Authorized Matthew Cronin Representative: Title of Bidder's/Proposer's Authorized Representative: President �ff r Signature of Bidder's/Proposer's Authorized /mod Representative: Date: 4-24-25 Failure to complete and submit this form with vour bid oackaoe may result In the reiection of vour bid Page 44 of 49 Document ID: 39484107330A444DB22A60AE38D824B5 SEEN "°°°°181AND 25-14-ITB SUBCONTRACTOR LIST Bidder Name: Frontline Fire Protection Systems, LLC dba ATP Fire Phone # 844-ATP-FIRE ITB Title: Fire Extinguisher Inspection, Maintenance ITB #: 25-14-ITB & Replacement NOTE: List all sub -contractors and the percentages of work to be performed on this project, If sub -contractors will not be used on this agreement, check the box below. Form must be submitted with your bid. Use additional sheets if necessary. The City reserves the right to reject any proposals if the proposer names sub -contractors who have previously failed in the proper performance of an award, or failed to deliver on time contracts of a similar nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any sub -contractor in order to make a determination as to the foregoing. Work To Be Company Performed and Contact Telephone Name Percentage of Work to Person Number be Performed 2 3 4 5 6 © 1 affirm that sub-contractor(s) will not be used to complete projects under this 5�p agreement. Authorized Signature Matthew Cronin - President Printed Name & Title 4-24-25 Date Failure to complete and submit this form with vour bid oackaoe may result in the resection of vour bid Page 46 of 49 Document ID: 3948410733OA444DB22A60AE38D824B5 SF13ASTLA x EM PBACMC ISLAND ADDENDA ACKNOWLEDGEMENT 25-14-ITB Bidder Name: Frontline Fire Protection Systems, LLC dba ATP Fire Phone # 844-ATP-FIRE ITB Title: Fire Extinguisher Inspection, Maintenance ITB #: 25-14-ITB & Replacement Bidder shall indicate below all Addenda received. Acknowledgment confirms receipt and understanding of the issued Addenda. Bidder understands that failure to acknowledge any addenda issued may cause their bid to be considered non -responsive. To verify the number of addenda (if any), a bidder may contact the Procurement Division at (772) 388-8231. ADDENDUM # DATE RECEIVED 1 4-15-25 2 4-21-25 3 4 5 6 7 1-1 No Addenda was received in connection to this solicitation. Print Preparer's Name: Matthew Cronin Title: President Signature: Date: 4-24-25 Failure to complete and submit this form with your bid oackaae may result in the refection of vour bl# Page 47 of 49 Document ID: 39484107330A444DB22A60AE38D824B5 c 01 SECTION 6 — BID PRICE FORM 25-14-ITB The Electronic Price Sheet, Attachment A, is in Excel Format. Proposers must upload their completed price sheet in .xIsx or .xls format to VendorLink. The price sheet includes the following worksheets: 1. Fire Extinguisher Maintenance and Inspection - Years 1 & 2 a. Pricing on this worksheet is MANDATORY. b. The Line 1 Total Price will determine the total bid price. c. This pricing is all-inclusive. All rates include all costs associated with the work's performance, such as mobilization, demobilization, fuel, insurance, overhead and profits, lodging, meals, transportation (including trip charges), rentals, safety gear, telephone costs, and all other materials, items, and miscellaneous expenses. d. The rates listed on this spreadsheet will be the contracted rates for Years 1 and 2 of the contract. 2. Fire Extinguisher Maintenance and Inspection - Years 3 & 4 a. Pricinq on this worksheet is MANDATORY. b. If the renewal term is executed, the rates on this spreadsheet will be the contracted rates for Years 3 & 4 of the contract. c. This pricing is all-inclusive. All rates include all costs associated with the work's performance, such as mobilization, demobilization, fuel, insurance, overhead and profits, lodging, meals, transportation (including trip charges), rentals, safety gear, telephone costs, and all other materials, items, and miscellaneous expenses. The Bid Prices shall remain good for ninetv (90) days after the due date of this ITB. The Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. By affixing their signature to the Bid Price Sheet, the Bidder hereby states that they have read all proposal specifications, terms, and conditions outlined in the Invitation to Bid and agree to such. Bidder also declares that the individual signing this Bid Price Sheet has the legal capacity to sign on behalf of Bidder and to obligate Bidder contractually. Bidder Name: Frontline Fire Protection Systems, LLC dba ATP Fire Signature: Date: 4-24-25 Print Name: Matthew Cronin Title: President Failure to complete and submit this form with vour bid oackaae may result in the resection of vour bid Page 49 of 49 Document ID: 39484107330A444DB22A60AE38D824B5 CITY OF SfOASTL&N HOME OF PELICAN ISLAND ADDENDUM NO.1 POSTING DATE: April 15, 2025 25-14-ITB Fire Extinguisher Inspection, Maintenance and Replacement The original Invitation to Bid shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. SECTION I: CLARIFICATIONS • N/A SECTION 11: QUESTIONS • Question 1: Can you please clarify Item 2.1.1. - Contractor shall supply stick -on, weather resistant label for fire Extinguishers? Are you requiring vinyl, sticker tags for Annual Inspection Tag, or is it regarding sticker tags for the 6-Year Maintenance? Answer: The stick -on tag is for the 6-Year Maintenance. Section 2.1.1(1) has been revised. Refer to Section III of this addendum. • Question 2: Will Technicians be given an escort to service the Extinguishers around the varying properties? Answer: Yes. • Question 3: Can you please share the last two years' Purchase Orders that cover the services outlined in this ITB? Answer: Yes, purchase orders from FY 2023 and FY 2024 are included as attachments to this addendum. • Question 4: Can 1 request the previous order for 2024 from the previous vendor? Answer: Yes, purchase orders from FY 2023 and FY 2024 are included as attachments to this addendum. • Question 5: We have to send bid to our legal to review, if there are redlines can we submit them before bid submittal? Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 1 of 3 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SfOA STI 1 HOME OF PELICAN ISLAND Answer: Yes. All proposed changes to the terms and conditions must be submitted prior to the question deadline. • Question 6: What price are you asking for on line 9 of the bid? The cost of 6-year maintenance of fire extinguishers varies by type and size. Are you asking for what the total six -year cost will be per year, the collective of all extinguishers needing 6-year maintenance? Answer: The Bid Price sheet has been revised to request the per extinguisher cost for 6-year maintenance and hydrostatic testing. The revised Bid Price Sheet had been posted as an attachment. SECTION III: REVISIONS TO THE SCOPE OF WORK • Page 5, Section 2.1.1 1 has been amended to read: Contractor shall supply each fire extinguisher with a stick -on, weather -resistant label for maintenance. SECTION IV: ATTACHMENTS • Purchase Order 10338 Fire Extinguisher Recertification • Purchase Order 10904 Fire Extinguisher Recertification • 25-14-ITB -EXHIBIT A -Electronic Price Sheet -REVISED PER ADDENDUM 1 Sincerely, Digitally signed by Jessica Graham Date: 2025.04.14 10:45:55-04'00' Jessica Graham, CPPB Procurement/Contracts Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 2 of 3 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF4]3ASTL4 N HOME OF PELICAN ISLAND ADDENDUM NO.1 POSTING DATE: April 15, 2025 25-14-ITB Fire Extinguisher Inspection, Maintenance, and Replacement Acknowledgment of Addendum No.1 by Contractor The Respondent hereby acknowledges receipt of the following Addendum: This addendum shall be completed and signed by an authorized representative and returned with the solicitation submittal. The Acknowledgment of the addendum receipt will become an integral part of the solicitation document. Acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and clarifications. All other bid terms, conditions, and specifications as originally issued remain unchanged Matthew Cronin Printed Name President Title Signature 4-24-25 Date Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev. 12/2024) Page 3 of 3 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SffIASTI!�kN HOME OF PELICAN ISLAND ADDENDUM NO.2 POSTING DATE: April 21, 2025 25-14-ITB Fire Extinguisher Inspection, Maintenance and Replacement The original Invitation to Bid shall remain in full force and effect, except as modified herein, which shall take precedence over any contrary provisions in the prior documents. SECTION I: CLARIFICATIONS • N/A SECTION II: QUESTIONS • Question 1: Will the City accept the revision below to Section 2.6.4? 2.6A Contractor is responsible for any damages including but not limited to buildings, curbing, pavement, landscaping, or irrigation systems caused by their neciliaent activity. Should any public or private property be damaged or destroyed, the Contractor at their expense, shall repair or make restoration as acceptable to the City of destroyed or damaged property no later than one (1) month from the date damage occurred. Answer: No • Question 2: Will the City accept the revision below to Section 2.9.1 ? D.1 The agair,st o rrt Answer: No • Question 3: Will the City accept the revision below to Section 2.13.1 ? 2.13.1 The City of Sebastian is to be specifically included as an additional insured on all insurance certificates (except Worker's Compensation). Waiver of Subrogation is required for Commercial General Liability and Automobile Liability but only with respect to Contractor's indemnibr obliclations. A renewal certificate shall be issued thirty (30) days before said expiration date. The certificate shall provide a thirty (30) day notification clause in the event of cancellation or modification to the policy. Answer: No Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone. 772-388-8231 (Rev.12/2024) Page 1 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF Sf)3AST! HOME OF PELICAN ISLAND • Question 4: Will the City accept the revision below to Section 2.13.4(A)? A. Commercial General Liabillty: The contractor shall provide Commercial General Liability insurance. This shall include premises/operations, personal & advertising injury, products, completed operations, contractual liability, specifically confirming and ensuring the indemnification and hold harmless clause of the contract. This insurance policy shall be considered primary to and not contributing to any insurance the City maintains but oniv with respect to Contractor's indemnity obligations. It shall name the City as an additional insured with a waiver of subrogation noted on the Certificate of Liability. The policy of insurance shall be written on an "occurrence" form. Answer: No 0 Question 5: Will the City accept the revision below to Section 2.13.6? Answer: No • Question 6: Will the City accept the revision below to Section 3.9 3.9 PROTECTION OF PERSONS AND PROPERTY While performing services for the City of Sebastian, the awarded contractor shall be responsible for any damage to the City of Sebastian property, personal property or visitor property due to any type of negligence on the part of the awarded contractor, their employees or other agents. The contractor must show reasonable attempt to avoid damage to City or private property under all conditions. The awarded contractor agrees to repair or replace, at its own expense, any damage that was caused by the negligence of awarded contractor, their employees or their agents. The contractor must not drive or park equipment on grass, sidewalks, or patios, etc. If concerns are raised about excessively wet conditions on grassy areas, the contractor must contact the project manager for recommendations or workarounds prior to commencing the work. Any damages, including damage to finished surfaces and spilled liquids, resulting from the performance of the Agreement shall be repaired and/or cleaned to the satisfaction of the project manager. Any public or private property damaged by the nealiaence of contractor or a representative during the services shall be repaired or replaced to the satisfaction of the project manager at no cost to the City. The project shall not be considered complete until incurred damages, if any, have been repaired and the worksite is cleaned to the satisfaction of the project manager. Answer: N Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 2 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SFOASTIAN HOME OF PELICAN ISLAND • Question 7: Will the City accept the revision below to Section 3.11 i 3.11 WARRANTY The ev.. *eemc; cc-ptc,,rcc &Ad shall ,-epiaEe-o; reptir &1I--defeet3 ir. Fnata" prcduet . _r'_--" en , ..%l,IizGtie , G^/r tora shall be wafFanted fef tscc thrr.. one-(1) yccr fiem the aEEeptafte date and all FeweF!( shall c City cf Sebastian. A "No Charge" invoice shall be submitted on all warranty repairs detailing the replaced goods including dimensions and quantity. The contractor shall respond to all warranty requests within twenty-four (24) hours of notification. Repeated failure to meet the established and repair timeframes will be considered unsatisfactory under the terms of this agreement. Excessive instances of unsatisfactory service shall be cause for default. Warranty repairs must be accomplished within the service response time of twenty-four (24) hours and shall be fully completed to the satisfaction of the project manager and City within seven (7) working days. Fire Terms Rider: Cintas not an insurer. Customer agrees that neither Cintas nor its contractors or assignees, including, without limitation, those orovidinq monitorinq services, (collectively, "Subcontractors") are insurers and no insurance coverage is Provided by this Agreement. CUSTOMER ACKNOWLEDGES AND AGREES THAT CINTAS AND ITS CONTRACTORS DO NOT ASSUME ANY RESPONSIBILITY NOR SHALL THEY HAVE ANY LIABILITY FOR CLAIMS MADE AGAINST THEM CLAIMING THAT THEY ARE AN INSURER OF CUSTOMER'S SYSTEMS, THE FAILURE OF SUCH SYSTEMS TO OPERATE EFFECTIVELY, OR ANY OTHER TYPE OF INSURANCE COVERAGE AS AN INSURER. Customer acknowledges that during the term of the Agreement, it will maintain a policy of insurance coverinq Public liability, bodily iniurv, sickness or death, losses for property damage, fire, water damage, and loss of property in amounts that are sufficient to cover all claims of Customer for anv losses sustained. CUSTOMER AGREES TO INDEMNIFY AND HOLD CINTAS AND ITS SUBCONTRACTORS HARMLESS FROM AND AGAINST ALL COSTS, EXPENSES (INCLUDING ATTORNEY'S REASONABLE FEES) AND LIABILITY ARISING FROM CLAIMS REQUIRED TO BE COVERED BY INSURANCE PURSUANT TO THIS SECTION, INCLUDING ANY CLAIMS FOR DAMAGES ATTRIBUTABLE TO BODILY INJURY, SICKNESS, OR DEATH, OR THE DESTRUCTION OF ANY REAL OR PERSONAL PROPERTY. Cintas shall not be responsible for any claims of Customer against the Subcontractors nor for any portion of any loss or damage that is required to be insured, is insured or insurable and shall be indemnified by Customer against all such claims including the claims of any third parties. Without limitinq the enforceability of any other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoinq paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement. Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 3 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF S EBAS��N HOME OF FELICAN ISLAND LIMITATION OF CINTAS' LIABILITY. Customer acknowledges that Cintas' service fees/purchase prices are based on the value of services or goods provided and the limited liability provided under this Agreement and not on the value of the Customer's premises or its contents, or the likelihood or potential extent or severity of iniury (including deathl to Customer or others. Customer further acknowledges and agrees that Cintas cannot predict the potential amount, extent, or severity of anv damages or iniuries that Customer or others may incur due to the failure of the system or services to work as intended. IF CINTAS OR ITS REPRESENTATIVES ARE HELD LIABLE FOR ANY REASON FOR ANY LOSS, INJURY, OR DAMAGES OF ANY KIND THAT ARISES OUT OF, RESULTS FROM, OR IS RELATED TO THIS AGREEMENT ( INCLUDING, WITHOUT LIMITATION, LOSSES, INJURIES OR DAMAGES RESULTING FROM CINTAS' SOLE OR PARTIAL NEGLIGENCE, WHETHER ACTIVE OR PASSIVE), CUSTOMER AGREES AND WARRANTS THAT CINTAS' AND ITS REPRESENTATIVE'S COLLECTIVE LIABILITY TO CUSTOMER, ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, INVITEES, AND ANY THIRD PARTY SHALL BE LIMITED EXCLUSIVELY TO S 1,000. If Customer wishes to increase the limitation of liability. Cintas and Customer may negotiate a supplemental written agreement to increase the limit of Cintas' liability, but no such agreed upon increase to the limit of Cintas' liability shall be interpreted to find Cintas or its subcontractors or representatives to be insurers. CUSTOMER AGREES THAT THE LIMITS ON THE LIABILITY OF CINTAS AND THE WAIVERS AND INDEMNITIES SET FORTH IN THIS AGREEMENT ARE A FAIR ALLOCATION OF RISKS AND LIABILITIES BETWEEN CINTAS CUSTOMER, AND ANY OTHER AFFECTED PARTIES. CUSTOMER ACKNOWLEDGES AND AGREES THAT WERE CINTAS TO HAVE LIABILITY GREATER THAN THAT STATED ABOVE, IT WOULD NOT PROVIDE THE SERVICES. Neither party shall be liable to the other or any other person for any incidental. punitive. speculative, or consequential damages of any type including, but not limited to, loss of profits or business opportunity. Without limitinq the enforceability of any other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoinq paragraph will survive, and continue to be bindinq on the parties, after any expiration or termination of the Agreement. Limited Warranty. Because of the great number and variety of applications for which Cintas' goods and services are purchased, Cintas does not recommend specific applications or assume anv responsibility for use. results obtained or suitability for specific applications. Customer is cautioned to determine the appropriateness of Cintas' goods and services for Customer's specific application before ordering and to test and evaluate thoroughly all goods before use. Cintas warrants that title to all 000ds sold by Cintas shall be good and marketable. THERE ARE NO OTHER WARRANTIES EXRESSED OR IMPLIED IN CONNECTION WITH THE SALE OF GOODS AND SERVICES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO DISCLAIMER, EXCLUSION. LIMITATION OR MODIFICATION OF ANY OF THE AFORESAID WARRANTIES SHALL BE DEEMED EFFECTIVE UNLESS IN WRITING SIGNED BY CINTAS. Without limiting the enforceability of any other provision of this Agreement after Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 4 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CnT OF Sf]3ASTI�kN 400;7�W-" HOME OF PELICAN ISLAND termination or expiration, the parties specifically agree that the provisions of the forecioinq paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement. Scope of Services. Customer acknowledges and agrees that it is required to have the Premise's fire protection equipment, systems, and/or components ("System") inspected, tested, and/or maintained ("ITM") annually, semi-annually, quarterly, monthly, weekly, and/or daily in accordance with NFPA requirements and/or the applicable authority havinq iurisdiction ("AHJ"). iTM procedures may vary according to NFPA and/or AHJ requirements. Customer acknowledqes and aqrees that it has the sole responsibility to identify, perform, and/or schedule anv such ITM, and Customer acknowledges that failure to do so timely can lead to improper operation, failure, freezing, rupture, or other malfunction of the System. In particular, Customer has the sole responsibility for contacting Cintas and directinq and authorizing Cintas as to which, if anv, of these ITM tasks it would like Cintas to perform. Customer agrees, however, that Cintas has no obliaation to (a) notify Customer of anv ITM that should or must be performed under NFPA and/or AHJ requirements or (b) perform anv such ITM for Customer. and Cintas makes no representation that it is able, licensed, and/or qualified to perform all iTM tasks that may be required by NFPA and/or the AHJ. Customer acknowledaes and agrees that, for the purposes of this Agreement, no System is deemed to be part of the real estate of anv of the Premises. Customer acknowledges and agrees that the scope of Cintas's responsibilities under this Agreement are limited to those specific ITM for the specific System(s) requested and authorized by the Customer and which Cintas specifically agrees to perform. Customer acknowledges and agrees that Cintas has no other responsibilities for any aspect of the System under NFPA or anv other authority and that this Agreement is not intended to (and may not be interpreted as) attempt to delegate or subcontract anv of Customer's responsibilities reqardinq the System to Cintas, including, but not limited to, establishinq Cintas as a "Designated Representative" of Customer under NFPA or other authority. Customer acknowledges and aqrees that under no circumstances will Cintas be responsible for determining or verifvinq the adequacy of the System. Customer acknowledaes that ITM is only intended to verify the operational status of System at the time of ITM and is limited to those characteristics that could be readily observed at the time of ITM. Customer agrees that Cintas' observation of deficiencies or impairments and/or suggestions or recommendations for their correction in no way suggests or implies that a desiqn review was performed or that other system deficiencies or impairments do not exist. Customer acknowledges and aarees that it bears the sole responsibility for ensurinq that its System satisfies all NFPA or other requirements, including that the System is properly designed and installed, includinq, but not limited to, determininq whether any fire protection system is adequate for the purpose(s) intended, whether anv fire protection system satisfies local code requirements, and determininq whether vivinq in any sprinkler system is properly or appropriately pitched, drains sufficiently, or is otherwise properly installed. Customer further specifically acknowledges and agrees that it is solely Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page S of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SfOASTLAN -- HOME OF PELICAN ISLAND responsible for the status, ITM, and repair of the System at all times, including (but not limited tot the condition of the system during the intervals between anv ITM provided under this Agreement. Furthermore, Customer expressly acknowledges that the status of System can change at any time subsequent to anv ITM or repair by Cintas and that Cintas is not responsible or liable for any such change in status, including (but not limited to) any chanqe that renders the system ineffectual or inoperable, or anv loss or damage of any kind that may occur subsequent to or during anv intervals between anv services provided (or to be provided) under the Agreement. Customer further acknowledges that its failure to perform ITM may, among other possible consequences, prevent Cintas from oerforminq under this Agreement, cause Cintas' performance under the Agreement to be ineffectual, render the system ineffectual or inoperable, or lead to substantial property loss, iniury, or death. Customer aqrees to be solely responsible for redecoratinq and other cosmetic repairs to Premises necessary due to installation, testinq, maintenance, repair, or removal of all or any part of the System. Customer understands and agrees that Cintas has no liability for anv work performed by anv other vendor on the System at anv time. Furthermore, Customer acknowledges that ITM may result in the failure of System or one of its components. Customer agrees that Cintas is not responsible for anv System or components thereof that may require repair or replacement due to age, fatigue, or wear that occurs during or result from ITM. Without limitinq the enforceability of any other provision of this Aareement after termination or expiration. the parties specifically agree that the provisions of the foreaoinq paragraph will survive, and continue to be binding on the parties, after any expiration or termination of the Agreement. Release and Indemnification of Cintas by Customer. CUSTOMER RELEASES AND AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CINTAS AND ANY/ALL OF ITS SUBCONTRACTORS, AGENTS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF ANY TYPE FROM LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR EXPENSE OF ANY KIND OR TYPE, UNDER ANY LEGAL. EQUITABLE OR OTHER THEORY. THAT MAY OCCUR PRIOR TO, CONTEMPORANEOUSLY WITH, OR AFTER THE EXECUTION OF THIS AGREEMENT RELATED IN ANY WAY TO THE SUBJECT MATTER OF THIS AGREEMENT OR PERFORMANCE UNDER THE AGREEMENT, INCLUDING (BUT NOT LIMITED TO) THE IMPROPER OPERATION OR NON - OPERATION OF THE PRODUCT(S). THIS OBLIGATION INCLUDES (BUT IS NOT LIMITED TOR ANY CLAIM. DEMAND, SUIT, LIABILITY, DAMAGE, JUDGMENT, LOSS, EXPENSES, ATTORNEYS' FEES, AND COSTS, THAT MAY BE ASSERTED AGAINST OR INCURRED BY CINTAS OR ITS SUBCONTRACTORS, AGENTS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES BY CUSTOMER OR ANY PERSON OR ENTITY NOT A PARTY TO THIS AGREEMENT (INCLUDING, BUT NOT LIMITED TO, CUSTOMER'S INSURANCE COMPANY, ADMINISTRATIVE BODY OR AUTHORITY, OR CUSTOMER'S EMPLOYEES) FOR ANY EXPENSE, LOSS, OR DAMAGE CAUSED BY OR CONTRIBUTED TO IN ANY WAY, OR ALLEGED TO BE CAUSED BY OR CONTRIBUTED TO IN ANY WAY, BY ANY ACT, OMISSION, OR FAULT OF CINTAS OR ITS SUBCONTRACTORS, AGENTS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES. THIS OBLIGATION EXTENDS TO, WITHOUT LIMITATION. STATUTORY Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 6 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF13ASTIAN HOME OF PELICAN ISLAND CIVIL DAMAGES, ECONOMIC DAMAGES. PERSONAL INJURY. DEATH, OR PROPERTY DAMAGE (REAL AND PERSONAL) ARISING OUT OF OR RELATED TO THIS AGREEMENT. INCLUDING (BUT NOT LIMITED TO) ANY CLAIMS BASED UPON BREACH OF THE AGREEMENT, STRICT LIABILITY, REQUESTS FOR OR RIGHTS OF SUBROGATION OR CONTRIBUTION, INDEMNIFICATION, WRONGFUL DEATH, AND NEGLIGENCE (WHETHER ACTIVE OR PASSIVE, AND INCLUDING CLAIMS BASED UPON CINTAS' SOLE, PARTIAL, OR JOINT AND SEVERAL NEGLIGENCE OF ANY TYPE OR DEGREE), AND ANY OTHER CLAIM, WHETHER BASED UPON OR ARISING UNDER CONTRACT. TORT, LAW. ORE EQUITY. CUSTOMER FURTHER RELEASES AND WAIVES ANY RIGHT OF SUBROGATION THAT IT, ANY INSURER, OR ANY OTHER THIRD PARTY MAY HAVE DUE TO OR FOR ANY SUCH CLAIM, LOSS, OR DAMAGE. THE CUSTOMER'S DEFENSE. HOLD HARMLESS AND INDEMNIFICATION OBLIGATIONS SHALL ALSO EXTEND TO INJURIES OR DEATH SUSTAINED BY CUSTOMER'S EMPLOYEES AND SHALL NOT BE LIMITED BY ANY APPLICABLE WORKERS' COMPENSATION LAW AND CUSTOMER EXPRESSLY WAIVES ANY STATUTORY OR CONSTITUTIONAL WORKERS' COMPENSATION IMMUNITY UNDER APPLICABLE LAW WHICH WOULD OTHERWISE LIMIT ITS INDEMNIFICATION OBLIGATIONS HEREUNDER. Cintas reserves the right to select counsel to represent it in anv such action. Without limiting the enforceability of anv other provision of this Agreement after termination or expiration, the parties specifically agree that the provisions of the foregoinq paragraph will survive, and continue to be bindinq on the parties, after anv expiration or termination of the Aqreement. Third Party Compliance and/or Property Management Vendors: Third Party Compliance and/or Property Management Vendors. Customer represents and warrants that Customer is not affiliated with, and does not otherwise employ anv Compliance and/or Property Management Vendors that help Customer process Davments and perform other administrative or compliance related tasks (an "Agent"). In the event that Customer does in fact employ such an Agent, or after the date of this Aqreement begins emplovinq such an Agent. Customer further agrees and acknowledges that Cintas will not be required to sign anv contract of such Agent ("Contract") before receiving Davmentfor work performed hereunder or for anv other purpose. Notwithstandinq the foregoinq, in the event that Cintas is asked or required to sign the Agent's Contract in order to receive payment from Customer or for some other purpose, Customer agrees and acknowledges Cintas' execution of such Contract will be solely for the purpose of Cintas receivinq payment already owed or to be owed under this Aqreement or for Customer's administrative convenience and therefore Customer agrees that, even if Cintas siqns such Contract, the terms and conditions of such Contract will be completely_ null and void and will be fully superseded by this Aqreement and this Aqreement will continue to exclusively control. Cintas reserves the right to send a letter ("Letter") to Customer reminding Customer that: f i) this Aqreement exclusively controls the relationship between Customer and Cintas and fill the Contract, even if siq_ ned by Cintas, is null and void. Customer agrees and acknowledges that whether or not Cintas sends a Letter to Customer or signs such Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 7 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF EBAS�IAN S -- HOME OF PELICAN ISLAND Contract, the terms of this Agreement will fully supersede anv such Contract and such Contract will be null and void. Answer: No • Question 8: Will the City accept the revision below to Section 4.34? 4.34 INDEMNIFICATION The contractor and its Subcontractor(s) shall indemnify, defend, and hold harmless the City and its officers and employees from all claims, demands, liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the contractor or its Sub- Contractor(s) and other persons employed or utilized by the Contractor or its subcontractor(s) in the performance of the agreement; FegaF „___ f the negligeigEe of the :..,,e ffiRmtee , such indemnification shall not include claims of, or damages resulting from, gross negligence or willful, wanton, or intentional misconduct of the indemnitee or its officers, directors, agents, or employees. and he'd the City haFFniess of any siAt cr10-crting far m.)t-95", cr.-sc, sr liiwi* NQrkme� • eri7 tort mil Feaselgable attemeys'feesit.-,ijr ir.;EenneetieFi with any SUEh daiffi eF Suit V. ir, cRfeFEing the indefnnity :cg cFi✓;e Nothing in this agreement shall be construed as the City waiving its sovereign immunity according to 768.28, et seq., Florida Statutes, or any other sovereign or governmental immunity. This provision shall survive the termination of this bid. Answer: No • Question 9: Will the City accept the revision below to Section 4.40? 4.40 FAVORED NATION CLAUSE gascA Ln err%Icr, Liee-al&gurrkity, it 7, undeFsteed that t c csntravWr is providing the City the , the City identifies betteF pfiEffig feF the same ttaet✓ agr_es to a fFe. the Gity the ,d ed Answer: No • Question 10: Will the City accept the revision below to Section 4.41 ? 444-A. The CaRtFaEt6F agrees te the use ef liquidated damages in the event the Eentraae '1gmcmcnt, to pay the Eit'q the rmr; a# One Hun Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 8 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CPCY OF S_ HOME OF PELICAN ISLAND default after the Wne stipulated in the AgFeement feF ecempleting the WeFk The Glelm-c-NIedgt crr' G liquidated wrc&,-k mad eny 6--fi i I . �E'h U, Ylcl� r. , held J ,. r�'---•- the ..----sar suppl:-- -- --. -.___ 4re . U. elte ad .rcc w-e held- the is& paid maybe urc ryli5etlers-ewee tc t`` e-eertr", er u liquWated Answer: No • Question 11: Will the City accept the revision below to Section 6? The Bid Prices shall remain good for ninetv (90) days after the due date of this ITB. The Bidder certifies that the price quoted represents and includes the entirety of the work, fees, profit, overhead, general requirements, general conditions, etc., of the project per the ITB documents. By affixing their signature to the Bid Price Sheet, the Bidder hereby states that they have read all proposal specifications, terms, and conditions outlined in the Invitation to Bid and agree to such except as otherwise set forth in its Bid. Bidder also declares that the individual signing this Bid Price Sheet has the legal capacity to sign on behalf of Bidder and to obligate Bidder contractually. Answer: Yes SECTION III: REVISIONS TO THE SCOPE OF WORK N/A SECTION IV: ATTACHMENTS N/A Sincerely, Digitally signed by Jessica Graham Date: 2025.04.21 08:56:03-04'00' Jessica Graham, CPPB Procurement Manager Procurement Division 1225 Main Street, Sebastian, FL 32958 Phone: 772-388-8231 (Rev.12/2024) Page 9 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF Sf]3ASTI&N HOME OF PELICAN ISLAND ADDENDUM NO.2 POSTING DATE: April 21, 2025 25-14-ITB Fire Extinguisher Inspection, Maintenance, and Replacement Acknowledament of Addendum No. 2 by Contractor The Respondent hereby acknowledges receipt of the following Addendum: This addendum shall be completed and signed by an authorized representative and returned with the solicitation submittal. The Acknowledgment of the addendum receipt will become an integral part of the solicitation document. Acknowledging receipt of this Addendum, the undersigned understands and accepts the foregoing solicitation changes and clarifications. All other bid terms, conditions, and specifications as originally issued remain unchanged Matthew Cronin Printed Name Signature President 4-23-25 Title Date Procurement Division 1225 Main Street, Sebastian, FL 32958 (Rev.12/2024) Phone: 772-388-8231 Page 10 of 10 Document ID: 3948410733OA444DB22A60AE38D824B5 CITY OF SF BASTIAN HOME OF PELICAN ISLAND 1V Exhibit "D" Evidence of Authority 25-14-ITB, Fire Extinguisher Inspection, Maintenance & Repair Page 30 of 30 Document ID: 3948410733OA444DB22A60AE38D824B5 4/30/25, 3:40 PM Detail by Entity Name DIVISION OF CORPORATIONS 'Al JtYL"I�� I �j wt o lOid :;rote of Florida bvebme Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company FRONTLINE FIRE PROTECTION SYSTEMS, LLC Filina Information Document Number M11000004580 FEI/EIN Number 45-3231787 Date Filed 09/13/2011 State DE Status ACTIVE Last Event LC AMENDMENT Event Date Filed 08/07/2023 Event Effective Date NONE Principal Address 215 WEST DR MELBOURNE, FL 32904 Changed: 08/15/2014 Mailina Address 215 WEST DR MELBOURNE, FL 32904 Changed: 08/15/2014 Reqistered Aqent Name & Address CRONIN, MATT 215 WEST DRIVE MELBOURNE, FL 32904 Name Changed: 08/07/2023 Address Changed: 08/07/2023 Authorized Person(s) Detail Name & Address Title Manager https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=FRONTLI... 1 /2 Document ID: 3948410733OA444DB22A60AE38D824B5 4/30/25, 3:40 PM Coassin, Lawrence, Jr. 1220 Sherman Ave. Hamden, CT 06514 Title PRES CRONIN, MATT 215 WEST DRIVE MELBOURNE, FL 32904 Annual Reports Report Year Filed Date 2023 01 /18/2023 2024 02/07/2024 2025 02/10/2025 Document Imaaes 02/10/2025 --ANNUAL REPORT View image in PDF format 02/07/2024 --ANNUAL REPORT View image in PDF format 08/07/2023 -- LC Amendment View image in PDF format 01/18/2023 --ANNUAL REPORT View image in PDF format 01/31/2022 --ANNUAL REPORT View image in PDF format 02/01/2021 --ANNUAL REPORT View image in PDF format 01/15/2020 --ANNUAL REPORT View image in PDF format 01/18/2019 --ANNUAL REPORT View image in PDF format 01/12/2018 --ANNUAL REPORT View image in PDF format 04/04/2017 --ANNUAL REPORT View image in PDF format 03/08/2016 --ANNUAL REPORT View image in PDF format 04/07/2015 --ANNUAL REPORT View image in PDF format 03/31/2015 -- Meroer View image in PDF format 01/13/2014 --ANNUAL REPORT View image in PDF format 01/09/2013 --ANNUAL REPORT View image in PDF format 04/10/2012 --ANNUAL REPORT View image in PDF format 09/13/2011 -- Foreian Limited View image in PDF format Detail by Entity Name Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/Search ResultDetail?inquirytype=EntityName&directionType=l nitial&search NameOrder=FRONTLI ... 2/2 Document ID: 3948410733OA444DB22A60AE38D824B5 4/30/25, 3:41 PM sunbiz.org - Florida Department of State DIVISION OF CORPORATIONS )j A/s :Jul I (j DI f 111119 ' d% un ufflchd .3uur of Flori,l,! Previous on List Next on List Return to List Fictitious Name Search Filing Histo _ I Submit I Fictitious Name Detail Fictitious Name ATP FIRE Filin Information Registration Number G13000107730 Status ACTIVE Filed Date 11/01/2013 Expiration Date 12/31/2028 Current Owners 1 County BREVARD Total Pages 4 Events Filed 3 FEI/EIN Number 45-3231787 Mailing Address 215 WEST DRIVE MELBOURNE, FL 32904 Owner Information FRONTLINE FIRE PROTECTION SYSTEMS, LLC 215 WEST DRIVE MELBOURNE, FL 32904 FEI/EIN Number: 45-3231787 Document Number: M11000004580 Document Images 11/01/2013 -- Fictitious Name Filing View image in PDF format 08/30/2023 -- Fictitious Name Renewal Filina I View image in PDF format 03/26/2018 -- Fictitious Name Renewal Filing I View image in PDF format 08/04/2014 -- CHANGE NAME/ADDRESS I View image in PDF format Previous on List Next on List Return to List Fictitious Name Search Filing History I Submit I https://dos.su nbiz.org/scripts/ficidet.exe?action=DETREG&docnu m=G l 3000107730&rdocn um=G l 3000107730 1 /2 Document ID: 3948410733OA444DB22A60AE38D824B5