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HomeMy WebLinkAbout2005 Service Agreement . SECURITY SYSTEM INSTALLATION SERVICES AGREEMENT THIS AGREEMENT made this ~ day of December, 2005, by and between the CITY OF SEBASTIAN, a municipal corpomtion of the State of Florida, 1225 Main Street, Sebastian, Florida, 32958, ("City") and Electronic Technologies Corpomtion USA d/b/a Security One Systems ("Contractor"), sets forth that WHEREAS, the City desires to engage a Contractor who has special and unique competence and experience providing installation services for security systems; and WHEREAS, the Contmctor represents that it has such competence and experience in providing these services; and WHEREAS, the City in reliance on such representation has selected the Contmctor in accordance with the requirements of law; and WHEREAS, the City and the Contractor desire to reduce to writing their understanding and agreements on such; IT IS, THEREFORE, AGREED as follows: 1. TERM. This Agreement shall commence on the day it is executed by both parties ~d shall remain in effect until completion of the Work. 2. AGREEMENT DOCUMENTS. The Agreement Documents (also called CONTRACT DOCUMENTS) consist of this Agreement, Supplemental Agreement(s), Proposal #8927-0 submitted by the Contmctor, Work Orders, Change Orders, Addenda if any, any other documents listed in the Agreement Documents, written modifications issued after execution of this Agreement if any, shall be incorpomted herein and are to be construed as part of this Agreement. (a) Intent. The Agreement and Proposal #8927-0 are an integmted part of the Contmct Documents and as such will not stand alone if used independently. The Proposal #8927-0 is end result oriented and establishes minimum standards of performance and quality for this Work. It does not purport to cover all details of performing the Work. The intent of the Agreement Documents is to set forth requirements of performance. It is also intended to include all labor and supervision, materials and supplies, equipment and tools, and transportation necessary for the proper execution of the Work, and to require complete performance of the Work in spite of omission of specific reference to any minor component part and to include all items necessary for the proper execution and completion of the Work by the Contractor. Performance by the Contmctor shall be required only to the extent consistent with the Agreement Documents and reasonably infemble from them as being necessary to produce the intended results. (b) Entire and Sole Agreement. Except as specifically stated herein, the Agreement Documents constitute the entire agreement between the parties and supersede all other agreements, representations, warmnties, statements, promises, and understandings not specifically set forth in the Agreement Documents. Neither party has in any way relied, nor shall in any way rely, upon any oral or written agreements, representations, warranties, statements, promises or understandings not specifically set forth in the Agreement Documents. (c) Amendments. The parties may modify this Agreement at any time by written agreement. Neither the Agreement Documents nor any term thereof may be changed, waived, discharged or terminated omlly, except by an instrument in writing signed by the party against which enforcement of the change, waiver, discharge or termination is sought. (d) Construing Terms. This Agreement shall not be construed against the party who dmfted the same, as both parties have obtained experts of their choosing to review the legal and business adequacy of the same. Any conflict between the terms of this Agreement and the terms of Proposal 8927-0 shall be resolved in favor of this Agreement. 3. EMPLOYMENT OF CONTRACTOR. The City hereby agrees that it may engage the Contmctor and the Contmctor hereby agrees to perform security system installation services for the City in accordance with the Agreement Documents. 4. PROPOSAL #8927-0 AND RELATED DATA. The intent of Proposal #8927- o and other Agreement Documents is that the Contmctor furnishes all labor, supplies and materials, tools and equipment, supervision and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contmctor shall do all the work described in the Agreement Documents and all incidental work considered necessary to complete the Work and/or opemtion in a manner acceptable to the City. 2 Any discrepancies found between Proposal #8927-0 and site conditions, or any errors or omissions in Proposal #8927-0, shall be immediately reported to the City. The City shall promptly determine the validity and seriousness of the claimed condition and correct any such error or omission in writing, or otherwise direct Contmctor. Any work done by the Contmctor after his discovery of such discrepancies, errors or omissions shall be done at the Contmctor's risk. Any correction of errors or omissions in Proposal #8927-0 may be made by the City when such correction is necessary for the proper fulfillment of their intention as construed by City. Where said correction of errors or omissions, except as provided in the next pamgmph below, adds to the amount of work to be done by the Contractor, compensation for said additional work shall be negotiated between the parties and must be issued as a written change order before any such additional work is performed or no additional compensation shall be made. The fact that specific mention of any part of work is omitted in Proposal #8927-0, whether intentionally or otherwise, when the same are usually and customarily required to complete fully such work as is specified herein, will not entitle the Contmctor to considemtion in the matter of any claim for extm compensation, but the said work must be performed and completed the same as if called for by the Agreement Documents. All work, equipment, tools, supplies and material usual and necessary to make the Work complete in all its parts, whether or not they are indicated or mentioned in Proposal #8927-0, shall be furnished and executed the same as if they were called for by the same. The Contmctor will not be allowed to take advantage of any errors or omissions in Proposal #8927-0. The City will provide full information when errors or omissions are discovered. 5. COMPENSATION. The City will pay the Contractor the fixed amount of $296,562.04 as set forth in Proposal #8927-0. Payments shall not be made for Work deemed incomplete or deficient by the City. After payment of the initial deposit, the Project Manager shall approve the request for payment for the Work that has been. completed in accordance with the terms of the Contmct Documents and payment shall be made within thirty (30) days of receipt of said payment request. 3 Claims. Claims arising from changes or revisions made by the Contmctor at the City's request shall be presented to the City before work starts on the changes or revisions. If the Contmctor deems that extra compensation is due for work not covered herein, or in a Supplemental Agreement, the Contractor shall notify the City in writing of its intention to make claim for extm compensation before work begins on which the claim is based. If such notification is not given and the City is not afforded by the Contmctor a method acceptable to the City for keeping strict account of actual cost, then the Contmctor hereby waives its request for such extm compensation. The City is not obligated to pay the Contmctor if the City is not notified as described above. The Contractor may refuse to perform additional work requested by the City until the parties execute the appropriate agreement for such work. Such notice by the Contmctor and the fact that the City has kept account of the costs as aforesaid shall not in any way be construed as proving the validity of the claim. 6. CONTRACTOR'S DUTY. Contractor shall supervise and direct the Work, using Contmctor's best skill and attention. Contractor shall be solely responsible for and have control over workmanship, means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under this Contmct, unless the Contmct Documents give other specific instructions concerning these matters. Unless otherwise provided in the Contmct Documents, Contmctor shall provide and pay for labor, materials, supplies, equipment, tools, transportation, facilities and services necessary for the proper execution and completion of the Work, whether tempomry or permanent and whether or not incorpomted or to be incorpomted in the Work. Unless otherwise provided in the Contmct Documents, Contmctor shall pay all sales, use and other similar taxes. Contractor currently holds and shall maintain at all times during the term of this Contmct all required fedeml, state and local licenses and permits necessary to perform the Work required under the Contmct Documents. 7. PERSONNEL. The Contractor represents that it will secure at its own expense all personnel and sub-Contmctors required for services which are necessary to complete the Work as described in this Agreement. All services under this Agreement 4 shall be performed by the Contmctor or sub-Contmctor and all persons engaged in work under the Agreement shall be qualified to perform such services and authorized under federal, state and local laws to perform such services. Personnel who perform services under this Agreement shall not be employees of the City. All workmen must have sufficient knowledge, skill and experience to perform properly the work assigned to them. Any foreman or workman employed by the Contractor or subcontmctors who, in the opinion of the City does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intempemte manner shall, at the written request of the City, be discharged immediately and shall not be employed again in any portion of the Work without the approval of the City. The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any subcontmctor or persons employed by subcontmctors. All personnel shall, at all times, present a neat appearance, and all Work shall be performed and all complaints handled effectively and efficiently with due regard to City public relations. The City and the Contmctor shall be immediately notified by each other of any complaints received. 8. TERMINATION OF CONTRACT WITH OR WITHOUT CAUSE. This Agreement may be terminated by the City with or without cause provided at least five (5) days written notice of such termination shall be given to the Contmctor. In the event the City without cause abandons, terminates or suspends this Agreement for greater than thirty days, the Contractor shall be compensated for services rendered up to the time of such termination on a quantum meruit basis. 9. CITY'S PROJECT MANAGER. City shall designate a Project Manager. All work done by the Contmctor shall be subject to the review, inspection and acceptance of the Project Manager and City. Any and all technical questions which may arise as to the quality, completeness and acceptability of work performed, or work to be performed, interpretation of Proposal #8927-0 and all technical questions as to the acceptable fulfillment of the Contmct on the part of the Contmctor shall be referred to the Project Manager who will resolve such questions. All Work shall be subject at all times to inspection and review by the Project Manager and the City. In addition, the inspection and review may also include and apply 5 to the tools and equipment, means and methods, and materials and supplies used by the Contmctor for the performance of Work. The Project Manager shall be allowed access to all aspects of the Work and shall be furnished with such information and assistance by the Contmctor as is required to make a detailed review. Upon request and/or necessity, the Project Manager will accompany the Contmctor to work areas to further clarify requirements. All Work described in this Agreement shall be performed at the request of the City. The City shall not be responsible for the acts or omissions of the Contmctor. 10. PROJECT SCHEDULES. The Contmctor shall perform the services outlined under this Agreement in a timely manner consistent with the assignment schedules as mutually agreed upon by the City and the Contractor. A delay beyond the Contmctor's control occasioned by an "Act of God" may entitle the Contractor to an extension of time in which to complete the Work as determined by the City provided, however, the Contmctor shall immediately give written notice to the City of the cause of such delay. The City shall have the authority to suspend the Work wholly or in part, for such periods as may be deemed necessary and for whatever cause, by serving written notice of suspension to the Contractor. In the event that the Project Manager shall become aware of any condition that may be cause for suspension of the Work, the Project Manager shall immediately advise the City of such condition. The Contmctor shall not suspend opemtions under the provisions of this Pamgmph without the City's permission. In the event that the City suspends the Work, the Contmctor shall be granted an extension of time to complete the Work for as many calendar days as the Work was suspended; except that the Contmctor will not be granted an extension of time to complete the Work if the suspension was caused by a fault of the Contmctor. 11. PROTECTION OF PERSONS AND PROPERTY. The Contmctor shall exercise precaution at all times for the protection of persons and property. The Contractor shall strictly comply with all safety provisions of all applicable laws and ordinances and shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work in accordance with the U.S. Department of Labor Occupational Safety and Health Act and the laws of the State of Florida. This Contmct 6 requires that the Contmctor and any and all subcontmctors hired by the Contmctor comply with all relevant standards of the Occupational Safety and Health Act. Failure to comply with the Act constitutes a failure to perform. The Contmctor agrees to reimburse the City for any fines and/or court costs arising from penalties charged to the City for violations of OSHA committed by the Contmctor or any and all subcontmctors. The Contmctor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to, all employees on the Work and all other persons who may be affected thereby; all the tools and equipment to be incorporated therein, whether in stomge on or off the project site, under the care, custody or control of the Contmctor or any of his subcontmctors; and other property on the project site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, structures and utilities. The Contmctor shall perform any work and shall furnish and install materials and equipment necessary during an emergency endangering life or property. In all cases, he shall notify the Project Manager and City of the emergency as soon as pmcticable, but he shall not wait for instructions before proceeding to properly protect both life and property. The City has the right to order the Contractor to discontinue hazardous work practices upon verbal or written notice. It is required that the Contractor keep and maintain all the necessary protective devices in place and in proper condition at all times where Work is being performed to prevent injury to persons or damage to public or private property. The Contmctor shall be held fully responsible for such safety and protection until the end of the Term and/or termination of this Contract. 12. CLEANING UP. The Contmctor shall, at all times, keep the premises free from accumulation of waste materials or rubbish caused by his employees or work. The Contmctor shall remove all debris and surplus materials as a result of his work activities and shall leave the work areas clean and shall insure that all debris and other unsightly objects are removed and disposed of in a satisfactory manner. The Work will be considered complete only after all debris and surplus material due to or connected with the Work have been removed and disposed of in a satisfactory 7 manner. In the event the City finds that the Contmctor has not complied in removing and disposing his debris, surplus materials and other objects, the City may, after twenty-four (24) hours written notice to the Contractor to correct the situation, elect to have the job site cleaned by an independent labor force. The cost of cleaning by said independent labor force shall be deducted from moneys due the Contmctor. 13. REPORTING OF DAMAGE. Any vandalism, storm damage or damage by the Contmctor, subcontractor or suppliers to the Work area or other City property shall be reported to the City immediately by the Contractor. Damage to City property for which the Contmctor is responsible will either be repaired by the Contmctor or repaired by the City and deducted from the monthly sum due to the Contmctor. 14. SUBCONTRACTS AND ASSIGNABILITY. The Contmctor shall not assign any interest in this Agreement and shall not transfer any interest in the same without the prior written consent of the City. Any sub-contmcts or other work which is performed by persons or firms other than the Contractor under this Agreement or any work orders shall have prior written approval of the City Manager. Any subcontracts or outside associates or Contractors required by the Contmctor in connection with services covered by this Agreement must be specifically approved by the City Manager. 15. INDEMNIFICATION. For other and additional good and valuable considemtion, the receipt and sufficiency of which is hereby acknowledged, the Contractor shall indemnify, hold harmless and defend the City of Sebastian, its officers agents, officials, representatives and employees against any and all liability, loss, cost, damages, expenses, claim or. actions, of whatever type, including but not limited to attorney's fees and suit costs, for trial and appeal which the City of Sebastian, its officers, officials, agents, officials representatives or employees or any other person(s) or business entity(ies) who may hereafter sustain, incur or be required to pay, arising wholly or in part due to any act or omission of Contractor, its agent(s), vendors, subcontmctor(s), representatives, servants, or employees in the execution, performance or nonperformance or failure to adequately perform contmctor's obligations pursuant to this contract. Notwithstanding said agreement, Contractor shall not be liable for conseq~ential damages to the property or body of third parties due to a security lapse resulting from the failure in the performance of the equipment provided hereunder and, further, any such claims by 8 the City shall be limited to the contmct price paid to Contmctor hereunder. 16. INTERESTS OF CITY OFFICIALS. No officers, members or employees of the City and no members of its governing body, and no other public official of the governing body of the locality or localities in which services for the facilities are situated or carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the services in this Agreement, shall participate in any decision relating to this Agreement which affects his personal interest, or have any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. 17. CERTIFICATION OF RESTRICTIONS ON LOBBYING. The Contractor agrees that no Fedeml appropriated funds have been paid or will be paid by or on behalf of the Contmctor to any person for influencing or attempting to influence any officer or employee of any Fedeml 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 Fedeml contmct, the making of any Fedeml Grant, the making of any Fedeml loan, the entering into of any coopemtive agreement and the extension, continuation, renewal, amendment or modification of any Fedeml contmct, Grant, loan or cooperative agreement. If any funds other than Federal appropriated funds have been paid by the Contmctor to any person for influencing or attempting to influence an officer or employee of any Fedeml agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with any FDOT Joint Participation Agreement, the undersigned shall complete and submit Standard Form-LLL "Disclosure Form to Report Lobbying" in accordance with its instructions. 18. CONFLICT OF INTEREST. The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which shall conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Contmctor further covenants that in the performance of this Agreement, no person having any such interest shall be employed. The Contmctor shall not undertake any professional work which conflicts with his duties as the City's Contractor without the prior written consent of the City during the term of this 9 Agreement. Any work where the Contmctor can reasonably anticipate that it may be called to testify as a witness against the City in any litigation or administmtive proceeding will constitute a conflict of interest under this Agreement. 19. COMPLIANCE WITH LAW. The Contmctor expressly agrees to comply with all known laws and regulations relating to providing services under this Agreement. The failure of the Contmctor to adhere to any known law or regulation pertaining to furnishing services under this Agreement shall constitute a material breach of this Agreement. 20. WAIVER. The waiver by the City of any of the Contmctor's obligations or duties under this Agreement shall not constitute a waiver of any other obligation or duty of the Contractor under this Agreement. 21. PUBLIC ENTITY CRIME The Contmctor shall file a sworn statement with the City which is Attachment I, stating whether a person or affiliate as defmed in Section 287.133 (1), Florida Statutes, has been convicted of a public entity crime subsequent to July I, 1989, in accordance with the provisions of Section 287.133 of the Florida Statutes. 22. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Agreement and that he has not paid or agreed to pay any person, company, corpomtion, individual or firm, other than a bona fide employee working solely for the Contmctor any fee, commission, percentage, gift or any other considemtion contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this paragraph, the City shall have the right to terminate the Agreement without liability and, at its discretion, deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift or consideration. 23. GUARANTEE. The Contmctor shall warmnt that all materials and supplies furnished are authorized by regulatory Agencies to perform the Work hereunder, and that all equipment and tools furnished by him to perform the Work are in safe and proper opemting condition and free of defects. Such guarantee shall in no way limit or 10 relieve the Contmctor of liability from subsequent claims of breach of contmct due to use of unauthorized materials and supplies, or substandard Work or workmanship. Any Work which does not satisfactorily meet the requirements of the Contmct Documents whether the result of poor workmanship, use of defective tools and equipment, damaged through carelessness or from other cause shall be corrected within ten (10) days after written notice is given by the City. The fact that the City may have previously overlooked such defective work shall not constitute an acceptance of any part of it. Should the Contmctor fail to correct rejected work promptly, the City shall impose LIQUIDATED DAMAGES. 24. NON-PERFORMANCE CLAUSE. The Contractor recognizes that due to the nature of the services to be performed under this Agreement, it is essential that the Work be completed to the satisfaction of the City and in a timely manner. Non- performance/deficiencies as identified by the City to the Contmctor shall be addressed in the following manner: If the City identifies any Work Unit or portion thereof as service deficient, the City shall notify the Contmctor verbally or in writing as time permits. The Contractor shall be required to correct such deficiencies within ten (10) days. If the deficiency has not been corrected to the satisfaction of the City within the time frame provided, the City may have the work performed by either its internal personnel or a third party and charge the costs against payments due the Contmctor. Repeated deficiencies may result in the termination of this Agreement. 25. LlOUIDATED DAMAGES. If the Contractor fails to perform the Work in accordance with the Agreement, the City shall hold all the payments requested for deficient Work. The City will not pay the Contmctor for unsatisfactory performance. If the City determines it is necessary to accomplish the work with its own resources or hire a third party to perform work that was neglected or done poorly by the primary Contmctor, the City may charge back or deduct incurred costs from monies due to the primary Contractor. The Contractor acknowledges that due to the nature of the Work under this Agreement, time is of the essence. The Contmctor also acknowledges the difficulties 11 involved in proving the actual losses suffered by the City should the scheduled work not be completed on time. Accordingly, at the option of the City, in lieu of providing such proof to the Contmctor, the City may impose liquidated damages for deficiencies and delays (but not as penalty) of one hundred dollars ($100.00) per day for each Item of Work Unit that is deficient and compound it each day that the deficiency exists. The liquidated damages start 48 hours after the Contmctor has been verbally notified of the deficiency. This amount represents an estimate of the City's damages for aesthetic loss to its citizens and administmtive costs associated with the deficiencies and delays. 26. DRUG-FREE WORKPLACE. The contmct documents also consist of the "Drug-Free Workplace Form" which is in accordance with Florida Statute 287.089 and must be signed. 27. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Florida and venue for any action pursuant to the Agreement Documents shall be in Indian River County, Florida. The parties hereto expressly waive trial by jury in any action to enforce or otherwise resolve any dispute arising hereunder. 28. INSURANCE. The Contmctor agrees to carry insurance, of the types and subject to the limits as set forth below and maintain said insurance during the life of this agreement: (a) Workers' Compensation - Contmctor shall purchase workers' compensation insurance as required by law. (b) Commercial General Liability - Contmctor shall purchase Commercial Geneml Liability insurance with a combined single limit of at least $1,000,000. ( c) Commercial Auto Liability - Contmctor shall purchase Commercial Auto Liability insurance with a combined single limit of at least $1,000,000. Further, Contmctor shall maintain such insumnce as is reasonably required to satisfy its obligations to protect the Work paid for by the City but not yet accepted. The insurance company selected shall be A+ or better per the Best's Key Rating Guide. The Contmctor and the insurance company(s) shall agree to furnish the City thirty (30) days written notice of their intent to cancel or terminate said insurance. It is 12 the full responsibility of the contmctor to msure that all sub-contractors have full insurance covemge as stated above. The Contmctor shall not commence the Work under this contmct until he has obtained all the insurance required under this pamgmph and certificates of such insurance have been submitted to the City, nor shall the Contractor allow any subcontmctor to commence work on his subcontract until all insUrance required has been so obtained and approved by the City. The Contmctor shall carry and maintain until acceptance of the Work, insurance as specified herein and in such form as shall protect him and any subcontmctor performing work under this Contmct, or the City, from all claims and liability for damages for bodily injury, including accidental death, under this Contract, whether by himself or by any subcontmctor or by anyone directly or indirectly employed by either of them. The Contmctor shall furnish to the City certificates of insurance in duplicate showing proof of insurance, naming the City as an additional insured party, prior to the start of construction as provided in the Contmct. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year fIrst above written. ATTEST (SEAL): ~Y1~ --' Approved as to form and legality for reliance by the City of Sebastian only: :Ed:,c~:r:- 13 THE CITY OF SEBASTIAN , . er, III, City Manager Signed, sealed and delivered in the presence of: CONTRACTOR: ELECTRONIC TECHNOLOGIES CORPORATION USA d/b/a Security One Systems ~a::::;J B~~ N : ~A' <;. A~CI-'" . Name:---l; r,cl AAASh(\ ~V>~ ~ Title: C/I -h..I/~ /J./~71() r' / / 14 DRUG-FREE WORKPLACE FORM The undersignedContmctor, in accordance with Florida Statute 287.087 hereby certifies that Electronic Technologies Corporation USA d/b/a Security One Systems does: 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' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contmctual services a copy of the statement specified in Pamgmph 1. 4. In the statement specified in Pamgmph I, notify the employees that, as a condition of working on the commodities or contmctual services that 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 Chapter 1893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no 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 ofPamgmph I through 5. As the person authorized to sign this statement, I certify that this fIrm complies fully with the above requirements. Date: /2/27/05 /' I ~.g ontmctor 15 PUBLIC ENTITY CRIMES Any person submitting a quote, bid, or proposal in response to this invitation or a contmct, must execute the enclosed form PUR. 7069, sworn statement under section 287. 133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES, including proper check(s), in the space(s) provided, and enclose it with his quote, bid, or proposal. If you are submitting a quote, bid or proposal on behalf of dealers or suppliers who will ship commodities and receive payment from the resulting contmct, it is your responsibility to see that copy(ies) of the form are executed by them and are included with your quote, bid, or proposal. Corrections to the form will not be allowed after the quote, bid, or proposal opening time and date. Failure to complete this form in every detail and submit it with your quote, bid, or proposal may result in immediate disqualification of your bid or proposal. The 1989 Florida Legislature passed Senate Bill 458 creating Sections 287.132 - 133, Florida Statutes, effective July I, 1989. Section 287.132(3)(d), Florida Statutes, requires the Florida Department of Geneml Services to maintain and make available to other political entities a "convicted vendor" list consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. A public entity crime is described by Section 287.133, Florida Statutes, as a violation of any State or Federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contmct for goods or services to be provided to any public entity or with an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, mcketeering, conspiracy, or material misrepresentation. By law no public entity shall accept any bid from, award any contmct to, or tmnsact any business in excess of the threshold amount provided in Section 287.017, Florida Statutes, for category two with any person or affiliate on the convicted vendor list for a period of 36 months from the date that person or affiliate was placed on the convicted vendor list unless that person or affiliate has been removed from the list pursuant to Section 287.133(3)( f), Florida Statutes. Therefore, effective October I, 1990, prior to entering into a contmct (formal contmct or purchase order) in excess of the threshold amount for category two to provide goods or services to THE CITY OF SEBASTIAN, a person shall file a sworn statement with the contracting officer or Purchasing Director, as applicable. The attached statement or affidavit will be the form to be utilized and must be properly signed in the presence of a notary public or other officer authorized to administer oaths and properly executed. THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE SUBMITI'ED CONCURRENTLY WITH YOUR QUOTE OR BID DOCUMENTS. NON- INCLUSION OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR QUOTE OR BID. 16 SWORN STATEMENT UNDER SECTION 287.133(3)(a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES Tms FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OAms. I. This sworn statement is submitted with the Security System Installation Services Agreement for THE CITY OF SEBASTIAN. 2. This sworn statement is submitted by Electronic Technologies Corpomtion USA d/b/a Security One Systems, whose business address is 7061 Gmnd National Drive, Orlando, FL 32819 and its Fedeml Employer Identification (FEIN) is let- . 3. My name is ::J:: G. a.,-o.., (please print name of individual signing) and my relationship to the entity named above is C~....t...II<r 4. I understand that a "public entity crime" as defined in Paragmph 287.133(1 )(g), Florida Statutes, means a violation of any state or fedemllaw by a person with respect to and directly related to the tmnsaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contmct for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, mcketeering, conspiracy, or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Pamgmph 287 .133( 1)(b), Florida Statutes, means a fmding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any fedeml or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defmed in Pamgmph 287. 133(1)(a), Florida Statutes, means: (1) A predecessor or successor of a person convicted of a public entity crime; or (2) An entity under the control of any natuml person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 17 7. . I understand that a "person" as defmed in Pamgmph 287.133(1)(e), Florida Statutes, means any natuml person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contmcts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to tmnsact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. (please indicate which statement applies.) ~ Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July I, 1989. _ The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989, AND (Please indicate which additional statement applies.) _ There has been a proceeding concerning the conviction before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. (Please attach a copy of the final order.) _ The person or affiliate has not been placed on the convicted vendor list. (Please describe any action taken by or pending wi~ent of General Services.) - /J. h2 (Si~ature ) Date: /2/27/ OJ / { 18 Name: r.../ My Commission xpires: Commission Number: AMY~ NOTARY PUBLIC, ~~ W3W York uU1:ch,jt;, c...o-. ~ Registration i-o I \)~C',6~O eommtssion Expire~ "^()Jt1A.-25. 2tQ5l./, 19 Date (mmlddlyy) Ingersoll-Rand Liability Management Company 155 Chestnut Ridge Road Montvale NJ 07645 201 .573.3535 www.ingersoll-rand.com 12/27/2005 THIS CERTIFICAtE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURER A Ace American Insurance Company Insured Electronic Technologies Corp. USA A Subsidiary of Ingersoll-Rand Security One Systems, Inc. 43 Mill Street Dover Plains NY INSURER B INSURER c Indemnity Insurance Company of North America 12522 INSURER THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUE TO THE INSURED NAMED ABOVE FOR HE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY POLICY EFFECTIVE EXPIRATION DATE DATE INSR LTR TYPE OF INSURANCE POLICY NUMBER LIMITS WLR C4 41 66 91 4 SCF C4 41 80 92 2 $ 1/1/2005 1/1/2006 $ $ $ $ $ $ 1/1/2005 1/1/2006 COMBINED SINGLE LIMIT $ 2 000 00 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EACH OCCURRENCE $ AGGREGATE $ $ $ $ STATUTORY LIMIT EL EACH ACCIDENT 1/1/2005 1/1/2006 EL DISEASE - EA EMPLOYEE 1/1/2005 1/1/2006 EL DISEASE. POLICY LIMIT GENERAL LIABILITY COMMERCIAL GENERAL L1AB HDO G2 1690661 CLAIMS MADE [lIOCCUR Contractual LOC ISA HO 794097A DEDUCTIBLE RETENTION $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS RECEIVED The Certificate Holder is hereby named as an Additional Insured subject to the terms and conditions of the policy. For a copy of our policy endorsement, please visit our website at www.irco.com. 'JAN 03 2006 1225 Main Street Sebastian FL 32958 SHOULD ANY OF THE ABOVE 0 EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR 0 MAIL ~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRE. SENTATIVES. *10Da I for Non.Pa ment of Premium AUTHORIZED REPRESENTATIVE ~~ City of Sebastian