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Item C16 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: January 19/20. 2000 Division: Public Works Bulk Hem: Yes ~ No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval to enter into a contract with Barnes Alarm Systems, Inc. for alarm system annual certification, maintenance. and monitoring. and authorization for Mayor to execute same. ITEM BACKGROUND: On AUh'Ust 26, 1999 a bid opening was held for the alarm system annual certification, maintenance, and monitoring for alarm systems located in various county facilities. Barnes Alarm Systems, Inc. was the only bidder reflecting a 50% increase over the last contract amount. Negotiations were attempted reflecting still a 30% increase. On December 29, 1999 another bid opening was held. Two proposals were received with Barnes Alarm System being the responsive low bidder, and remaining within a 20% increase over last year. (See attached Bid Opening Tabulation Sheet.) PREVIOUS RELEVANT BOCC ACTION: On March 10. 1999. the BOCC granted approval to advertise for bids for alarm system annual certification. maintenance. and monitoring. On July 21. 1999 the BOCC granted approvallo extend the contract with Barnes Alarm Systems. Inc. on a month to month basis. and on October 13. 1999 BOCC approved to reject the bid received on August 26. 1999 and authorized to re-advertise for same. STAFF RECOMMENDATION: Approval as staled above. TOTAL COST: ^nnulll Certificalion $8.888.00 BUDGETED: Yes X NO Cenlml Stalion Moniloring $] 40.00/monlh $55.00/hour labor ror repairs - $75.00/hour ror overlime repairs Nollo Exceed $1 a,non.oo Cost to County: Same as above ACCOUNT #001-20501-530-340 REVENUE PRODUCING: YES NO l AMOUNT PER MONTH YEAR Item Prepared by' /- v..J.1J&O , rate. Sr. Director. 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S ~ ~ oS 0;; u 6' ~ "'l s.. ~ ~ .;:: oS ~ 6- Cl~ ........\::: b()~ 1:::....... ~~ Cl ..... U I::: ~o ...... '" t:: ... W '" '" ;J >. 0::1 "'d <I) t:: & o "'d iii MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with:Barnes Alarm Systems. Inc. Effective Date:January 19. 2000 Expiration Date: Contract Purpose/Description:Alarm System Annual Certification. Maintenance. and Monitoring Contract Manager:Carlos Zarate (Name) 4431 (Ext. ) Facilities Maintenance (Department) for BOCC meeting on January 19/20. 2000 Agenda Deadline: January 5. 2000 CONTRACT COSTS Total Dollar Value of Contract: $NTE $20.568 Current Year Portion: $NTE $20.568 Budgeted? Yesl2?J No 0 Account Codes: 001-20501-530-340- Grant: $N/A _-_-_-_ County Match: $N/A _-_-_-_ - - - ---- Estimated Ongoiilg Costs: $N/ A/yr (Not included in dollar valne above) ADDITiONAL COSTS For: (eg. maintenance. utilities. ianitorial. salaries. etc.) CONTRACT REVIEW Changes Date Out Division Director If~/~~J Ye~D~~~ 0 p~7{!;z l(t / UO 1\<t\aCl YesDNog/~'WT ~~ \\'-\:\n~ IlylLJ Jes~ore 5Pt~Clv{~ ~ /5/6>& County Attorney 1/6/.J.? YesD No~ ~ ~ / -, -0,;, Comments:~cU ~U. c1a~ ~ fu--bA-tc- ~~{!/u/'~ ..pf2 /~ ~. ~Yanagement ~B./purC-~g OMS Form Revised 9/11/95 Mep #2 SECTION THREE CONTRACT THIS AGREEMENT, made and entered into the 19th day of January, 2000, by and between MONROE COUNTY, FLORIDA, party of the first part (hereinafter sometimes called the "Owner"), and BARNES ALARM SYSTEMS, INC. party of the second part (hereinafter some- times called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 SCOPE OF THE WORK The Contractor shall provide all labor, tools, and equipment necessary to provide Alarm System Annual Certification, Maintenance, and Monitoring, in accordance with the Public Works Contract Specifications entitled: Alarm System Annual Certification, Maintenance, and Monitoring Monroe County, Florida attached hereto. and incorporated as part of this contract document. The Contractor shall provide all required documentation pursuant to National Fire Protection Association Requirements, and shall be on call twenty-four (24) hours per day, seven (7) days per week. 3.02 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows: A. ALARM SYSTEM ANNUAL CERTIFICATION Upon receipt of Annual Certification for each alarm system, payment will be made within sixty (60) days after receipt of the Contractor's request for payment. Payment for Annual ~ Certification shall be as stated in the Contractor's bid as follows: Eioht Thousand Eioht Hundred Eiohtv Eioht Dollars and Zero Cents ($8,888.00) per year. B. ALARM SYSTEM CENTRAL STATION MONITORING The County shall pay to the Contractor for central station monitoring of alarm systems on a per month in arrears basis on or before the 30th day of the following month in each of twelve (12) months. The Contractor shall invoice the County monthly for monitoring services performed under the Specifications contained herein. The Contract amount shall be as stated in the Contractor's bid as follows: One Hundred Fortv Dollars and Zero Cents ($140.00) per month. C. ALARM SYSTEM MAINTENANCE AND REPAIR 1. The actual manufacturer's Invoice cost of parts and materials plus 25%, used by the Contractor to fulfill the obligations of the Contract. Manufacturer's Invoice must accompany all requests for payment for any part which exceeds $100.00, and may be requested at the discretion of the Owner for any part, regardless of the cost. 2. The cost of labor and equipment used by the Contractor to fulfill the obligations of the Contract. The labor and equipment costs will be calculated using the unit prices set forth in the CONTRACTOR'S bid as follows: A. - Labor - normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays - $55.00 per hour. B. - Labor - overtime rate for hours other than the normal working hours as stated in Article 3.02C-2, including holidays - $75.00 per hour. Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Payment for Alarm System Maintenance and Repair shall not exceed $10,000.00 per year. 3.03 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself that such sites are correct and suitable ones for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor (and his Surety, if applicable). B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, -, immediately after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. 3.04 TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of one (1) year, commencing on and terminating on 3-2 B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract agreement amount agreed to herein might be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. 3.05 HOLD HARMLESS The CONTRACTOR shall defend, indemnify and hold harmless the County as outlined on the attached form identified as TCS 1, attached hereto and incorporated as part of this contract document. 3.06 INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.07 ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 3.08 ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the contractor. 3.09 COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 3-3 3.10 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WC1, GL 1, VL 1, GIR1 & GIR2, each attached hereto and incorporated as part of this contract document. 3.11 FUNDING AVAILABILITY Notwithstanding anything contained elsewhere in this contract, if funds for Facilities Maintenance Contractual Services are partially reduced by the Board of County Commissioners or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Board of County Commissioners by written notice of termination delivered in person or by mail to the contractor. The Board of County Commissioners shall not be obligated to pay for any services provided by the contractor after the contractor has received written notice of termination. 3.12 PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in the Public Works Manual entitled "Public Works Specification Manual/Alarm System Annual Certification, Alarm System Maintenance, and Alarm System Central Station Monitoring", which is attached hereto and incorporated herein as a part of this contract/agreement. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.13 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Public Works Facilities Maintenance Dept. 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Barnes Alarm Systems, Inc. 5615 3rd Avenue, #8 Key West, FL 33040 The notice will be considered received by a party two (2) days after its receipt by the postal authorities of the U.S. for delivery to either address in this article. 3-4 3.14 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 3.15 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first above written in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original Contract. Attest: DANNY L. KOLHAGE, Clerk MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chairman Attest: BARNES ALARM SYSTEMS, INC. WITNESS By Title WITNESS 3-5