Item D17BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 19 2003 Division: Public Works yy
Bulk Item: Yes X No _ Department: Facilities Maintenanc
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Barnes' Alarm
Systems, Inc. for alarm system certification, maintenance, and monitoring.
ITEM BACKGROUND: On January 9, 2003, a bid opening was held for alarm system annual
certification, maintenance, and monitoring. American Alarms, Inc., the apparent low bidder, showed
irregularities in their bid. The office of the County Attorney advised that it is appropriate to accept the
low bid after the disqualification of American Alarm. Barnes' Alarm Systems, Inc is the next apparent
low bidder.
PREVIOUS RELEVANT BOCC ACTION: Funding for Alarm System Certification, Maintenance,
and Monitoring was approved by the BOCC on September 18, 2002.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:L25.000.00 not to exceed
COST TO COUNTY; 525.000.00 not to exceed
BUDGETED: Yes X No
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purcbaing Risk Management
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Director Public Works
DOCUMENTATION: Included A To Follow Not Required
DISPOSITION: AGENDA ITEM #
_OZZ
Revised 1/03
�k
s
}
u
NE
t,
W
~
°
W
-a
LO
Y ?
Z
o
0
0
8
M
M
N
%D L.
d
N
1-
LO
.9
v
V
0
4R.
R
M
Z7
to
V
H
+R
404.
U-
O
d
Z
M
8
8F72
N
Q
M
0
F-
iti
i14
iR
4R
V
O
m
N
-p
d
�.
H
N
O d
d
�
a c '°
V
Q�
Z
~
V
N
8
�
`..� LC7
�W
~
(7
N
M
14 iR cmiA
�vj
%n
L `a
CM
40�-Cm
0-
C
0- h h
�
Q
8
8
Q
O
O O>. •}g' i
W
Z
>LU
V
Ln
v
ao
L a; N
t —
CA) v
000
5
CL
�D
CL
s
w0>
Q
vi
W
>
i 01
tj
..
d
y CD i,
rW.l
w
1—
0 H cn Kf
Z
LU
Z
y
w
O
a
�
h
�
+-
y s° o y
z a �•- V
Q
~
Q
W
Or
0-
C
j
N s �
N} L L. CO
a
Q
$ u 'o
L
LL
p
L
O
E
CL
0
Q
d I m
L.
Q H
CA)
CD
H CD
OUNTYSMONROE
KEY WEST FLORIDA 33040
(305)2944641
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 -Phone
305/292-3516 - Fax
MEMORANDUM
TO: Ann Mytnik, Contract Monitor
Public Facilities Maintenance
FROM: Suzanne A. Hutton `/�
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
MAYOR Dixie M. Spehor, District i
Mayor Pro Tern, Murray E. Nelson, District 5
George Neugent, District 2
Charles "Sonny" McCoy, District 3
David P. Rice, District 4
DATE: January 23, 2003
JAN ?A 2003
SUBJECT: Alarm System Certification Bid VW
You have submitted to me numerous materials encompassing the RFP for Alarm System Annual
Certification, Maintenance and Monitoring, the bid submitted by American Alarms, Inc., and a
copy of the tabulation sheet from the bid opening. You have requested an opinion as to the
reasonableness of the $1,500 listed in Item #1 for Alarm System Annual Certification, and
whether the American Alarms, Inc. bid can be considered a responsive bid in light of other areas
of noncompliance. You note in your memo of January 21, 2003, that there was an error in
multiplication for Item 42 both on their bid form and on their clarification letter and that certain
forms in their bid package were not notarized.
First, the issue of the reasonableness of the pricing in Item #1 is difficult to assess. At first blush,
it appears to be unreasonable because it is so much lower than the other bids. However, the other
bids are, beginning with the lowest, in the sums of $6,485, $13,238, and $17,654. Compound
that with the fact that the next lowest bidder is a local contractor who probably doesn't have the
economies of scale that American Alarms appears (from the materials provided to me) to have
available and it would be quite possible that such a company would bid a higher number. The
second to the highest bidder is from the Tampa area and location may play a part in the amount
bid by said entity. However, the highest bidder is apparently a local contractor and, except for
the fact that he apparently started business some ten years after American Alarms, and again,
may be so small that there are not economies of scale, seems to be exorbitantly high.
Accordingly, I cannot say that the bid for Item #1 is unreasonable per se.
Ann Mytnik
Alarm System
January 23, 2003
Page 2
The miscalculation in Item #2 is an irregularity that could be readily waived by the County
Commission.
More importantly, however, are those affidavits which were supposed to have been notarized, or
even executed and weren't. They include the Non -collusion Affidavit, which was not even
executed, and the sworn statement under Ordinance No. 10-1990, which was not notarized.
Section 1.05 of the RFP sets forth the requirements to avoid disqualification. Section 1.05
Paragraph B, states that the Non -collusion Affidavit "must" be executed. Nothing is said
regarding the notarization of the signature on said affidavit.
Similarly, nothing is written in Section 1.05 regarding the need to notarize the sworn statement
under Ordinance No. 10-1990.
Section 1.05 Paragraph D does mandate the execution of the Drug Free Workplace Form, which
wasn't completed.
According to the foregoing paragraphs regarding signatures and notarizations, the only
imperative disqualification is that regarding the execution of the Non -collusion Affidavit. That
affidavit was not even executed. The requirements regarding notarizations seem to be apparent
on the face of the forms themselves but are not specified in the contract documents, even in the
general provision regarding preparation of bids. Therefore, I do not think that the absence of
notarizations on any of the affidavits is relevant. However, the failure to execute the Non -
collusion Affidavit ipso facto disqualifies the bidder.
You request in your last paragraph an opinion regarding whether the bids should be rejected and
re -bid or whether an award should be made to the apparent low bidder. With the exception of
the cost of certification being so disparate, if you allow for the clarification for Item #2 of
American Alarms, the bidders are all within a fairly normal range. For example, the two local
bidders have under Item #3 an hourly rate of $65 and $55. Since American Alarms, the closest
out -of -county contractor has an hourly rate of $70, the two local rates do not seem to be absurd.
I suspect that there may be a mistake with Barnes Alarm Systems in Item #4 since the other
bidders have their overtime listed at time and a half of their regular hourly rate and Barnes has it
at two times the hourly rate. But for that discrepancy, I would highly recommend going with the
entity that appears to be the lowest qualified bidder after American Alarms, which disqualified
itself by not submitting all documents required to be executed. You might want to seek a
clarification on Item #4 from Barnes before you proceed, if you have not already clarified that
the overtime is actually time and a half which would equal $82.50.
Therefore, I can only advise you that it is appropriate to go forward with an acceptance of the
low bid after the disqualification of American Alarms, or, given the discrepancies which appear,
it would also be appropriate to reject all bids and to go back out for bid. As to which is the best
business decision, I leave to your department to determine.
If you have any questions, please feel free to call.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Barnes' Alarm Systems Contract #
Effective Date: 03/01/03
Expiration Date: 02/29/04
Contract Purpose/Description:
Alarms stem annual certification, maintenance, and monitoring
Contract Manager: Ann Mytnik 4549 Facilities Maint/Sto #4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 02/19/03 Agenda Deadline: 02/05/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000.00 Current Year Portion: $
14,583.33
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ N/A 101-20505-530-340-
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e . maintenance, utilities, janitorial,
salaries, etc.
CONTRACT REVIEW
Changes
Date Out
Date In Needed Rev
Division Director f 7/p3 Yes❑ No[a' �. ,ewer
�
Risk Management 3 Yes[:] Now
0213/03
O.M.B./Purchasing -'/ q(,,3Yes❑ No
�
County Attorney ) W03 Yes❑ No[D-/
d,
Comments:
OMB Form Revised 2/27/01 MCP #2
SECTION TIME
CONTRACT
THIS AGREEMENT, made and entered into this 19th day of February, 2003, AD., by and
between MONROE COUNTY, FLORIDA , (hereinafter sometimes call the "owner"), and
Barnes' Alarm Systems, Inc. , (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
3.01 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders,
and any addenda issued hereafter, any other amendments hereto executed by the parties
hereafter, together with the bid proposal and all required insurance documentation.
3.02 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:
ALARMSYSTEMANNUAL CER2IFICA770N, MAINTENANCE, AND MONITORING
MONROE COUNTY, FLORIDA
The Contractor shall provide all required documentation pursuant to National Fire
Protection Association Requirements, and shall be on call twenty-four hours per day,
seven days per week.
And his bid dated January 9, 2003, each attached hereto and incorporated as part of this
contract document. The specifications shall serve as minimum contract standards, and
shall be the basis of inspection and acceptance of all the work.
3.03 THE CONTRACT SUM
The County shall pay to the Contractor for the faithful performance of said service on a
Per month in arrears basis on or before the 30s' day of the following month in each of
twelve (12) months. The Contract price (as stated in the Contractor's proposal) must be
invoiced as follows:
• Alarm System Annual Certification $6 485.00 per year
• Alarm System Central Station Monitoring $ 212.50 per month
• Labor —Normal working hours of 8:00 a.m, to $ 55.00 per hour
1:00 p.m. Monday through Friday excluding holidays
• Labor — Overtime rate for hours not stated above,
including holidays.
• Materials, supplies, and replacement parts
Compensated at standard institutional and
governmental discounts as offered by the
manufacturer. Such costs must be documented
with sales slip, invoices, or other acceptable
Proof of purchase. See Note Below.
Or
$ 110.00 per hour
27 % off list price
• Manufacturers invoice cost of parts and materials Cost + N/A _ %
Note: Some providers get governmental discounts offered by the manufacturer, and they
give Monroe County a percentage off of list price. Other providers base their
Pricing on a markup on the manufacturers cost. Only one of the above methods
may be used
3.04 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. The Contractor hereby agrees that he has carefully examined the site and has made
investigations to fully satisfy himself that such site is correct and a suitable one 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.
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 by the Owner of any of the services fiunished
by the Contractor shall not operate as a waiver by the Owner of strict compliance with the
terms of this Contract, and specifications covering the services. Failure on the part of the
Contractor, immediately after Notice to Correct 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 jointly and severally 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.
3.05 TERM OF CONTRACT4E WAL
A. This contract shall be for a period of one (1) year, commencing March 1, 2003 and
terminating February 29, 2004.
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 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 twelve (12)
months available.
3.06 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
wrongful act of omission of the Contractor or its Subcontractors in any tier, their
employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
3.07 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.
3.08 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.
3.09 ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may deem necessary. This paragraph 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.
3.10 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide by
all statutes, ordinances, rules and regulation 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,
3.11 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 fiuther detailed on forms WC1, GLl, and
VL1, each attached hereto and incorporated as part of this contract document, and all
other requirements found to be in the best interest of Monroe County as may be imposed
by the Monroe County Risk Management Department.
3.12 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially
reduced 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 be mail to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor after the contractor has
received written notice of termination.
3.13 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 these contract documents The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
appropriate local, state, and/or federal certification and/or licensure of contractor.
3.14 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 FOR CONTRACTOR
Monroe County Facilities Maintenance Barnes' Alarm Systems, Inc.
3553 S. Roosevelt Blvd. 5615 3rd Avenue #8
Key West, FL 33040 Key West, FL 33040
3.15 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 the event of any
litigation, the prevailing party is entitled to attorney's fees and costs.
3.16 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Date:
(SEAL)
Attest:
By:
WITNESS
Title:
By:
WITNESS
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
Mayor/Chairman
CONTRACTOR
BARNES' ALARM SYSTEMS, INC.
Title:
APPROVED AS TO F
AN GAL SUFF 1 Y
ZA . U TON