Item C03
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Bulk Item: Yes --LL No
Division: Public Works
Departmellt: Facilities Maintenance -:::r:- K-
Meeting Date: February 18. 19.2004
AGENDA ITEM WORDING: Approval to renew contr8(ft with Barnes' Alarm Systems, Inc. for
alarm system certification, maintenance, and monitoring.
ITEM BACKGROUND: On February 29, 2004, the current contract with Barnes' Alarm Systems,
Inc. will expire. In accordance to Article 3.05B of the original contract dated February 19, 2003, staff
recommends to renew the contract for the first of two one-year renewal options.
PREVIOUS RELEVANT BOCC ACTION: On February 19,2003 the BOCC approved to award
bid and enter into a contract with Barnes' Alarm systems, Inc. for alarm system certification,
maintenance, and monitoring.
CONTRACT/AGREEMENT CHANGES: The renewed contract shall commence on March 1, 2004
and shall expire on February 28,2005.
STAFF RECOMMENDATIONS: Approval as stated above.
COST TO COUNTY:
Same
BUDGETED: Yes.A.- No
SOURCE OF FUNDS: Ad Valorem
TOTAL COST: Not to exceed $25.000.00
REVENUE PRODUCING: Yes
No X
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty .A.- OMBlPurchasing X
Risk Management _X_
DMSION DIRECTOR APPROVAL:
~ ../J . I /2--~/O 'T
{J 1/~~
Dent Pierce, Director Public Works
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPosmON:
C3
AGENDA ITEM #
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSillv.IMARY
Contract with: Barnes Alarm Contract #
Effective Date: 03/01/04
Expiration Date: 02/28/05
Contract Purpose/Description:
Contract renewal for alarm system certification. maintenance, and monitoring.
Contract Manager: Ann Riger 4549 Facilities Maint/StoD #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 02/18/04 Agenda Deadline: 02/03/04
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000.00 Current Year Portion: $ 18,750.00
Budgeted? Yes[8J No 0 Account Codes: 001-20501-5303tfl?_../~ -A
Grant: $ N/A 101-20505-530.~
County Match: $ N/A _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
ot included in dollar value above e . maintenance utiliti
CONTRACT REVIEW
Changes
Date In Needed
Division Director \ /"'}1, lot YesO NoD
Risk Management ",1,/ () i Y esO No~
O.M.B./Purchasing I/M61 Y 080 No0"
County Attorney , I Z- L' 0 ~ YesO N?
Date Out
Comments:
.. . 'it
,
, ..
OMB Form Revised 2/27/01 MCP #2
RENEWAL AGREEMENT
(Alarm System Annual Certification, Maintenance, and Monitoring)
TIllS Renewal is made and entered into this 18th day of February, 2004, between the COUNTY
OF MONROE and Barnes' Alarm Systems, Inc: in order to renew the agreement between the
parties dated February 19, 2003 (a copy which is incorporated hereto by reference) as follows:
1. The County exercises its first of two one-year optiOJ;lS to renew the contract in accordance
with Article 3. 05B of the original agreement.
2. The term of the renewed agreement will commence on March 1,2004, and terminate on
February 28, 2005.
3. In all other respects, the original agreement betwe$ the parties dated February 19, 2003
remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By:
By:
Deputy Clerk
BARNES' ALARM SYSTEMS, INC.
Witness
By:
Witness
Title
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AM:
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SECTION THREE
CONTRACT
THIS AGREEMENT. made and entered into this 19th day of February, 2003, A.D., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and
Bames' 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 eqt,lipment 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
The Contractor shall provide all required docum~ntation 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 h~reto and incorporated as part of this
contract document. The specifications shall serve ~ 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 30th 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 of8:00 a.m. tk>
$ 55.00
per hour
"
B.
c.
3.05
i I
5:00 p.m, M""lday through Friday excluding holidays
.
Labor - Overtime rate for hours not stated above,
including holidays.
$ 110.00 per hour
.
Materials, supplies, and replacement parts
Compensated at standard institutional and
governmental discounts as offered by the
manufacturer. Such costs must be documentltd
with sales slip, invoices, or other acceptable
proof of purchase. See Note Below.
27 % off list ptice
Or
.
Manufacturers invoice cost of parts and mate~ials
Cost + N/A %
Note: Some providers get governmental discounts offered by the manufacturer, and they
give Monroe County a percentage off ~r lis( price. Other providers base their
pricing on a markup on the manufacturers cost. On(v one of the above method..
may be used
3.04CONTRACTOR'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 1S correct and a suitable one for this
work and he assumes full responsibility therefore. fhe provisions of the Contract shall
control any inconsistent provisions contained in the specifications. All specifications
have been read and carefully considered by the Cobtractor, 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 s~rongly construed against the Owner
than against the Contractor. .
Any ambiguity or uncertainty in the specifications s~all be interpreted and construed by
the Owner, and his decision shall be final and bindin& upon all parties.
I
I
The passing, approval, and/or acceptance by the Owner of any of the services furnished
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.
TERM OF CONTRACT/~NEW AL
A. This contract shall l,,_ for a period of one (1) year, commencing March 1, 2003 and
terminating February 29,2004.
R 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-V) for the most recent twelve (12)
months available.
3.06 HOLD HARMLESS
The Contractor covenants and agrees to indemnify ~nd hold harmless Monroe County
Board of County Commissioners from any and all Flaims for bodily injury (including
death), personal injury, and property damage (incl~ding property owned by Monroe
County) and any other losses, damages, and expens~s (including attorney's fees) which
arise out of, in connection with, or by reason of seNices 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 it~ 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 agreemeJilt the Contractor is an independent
contractor and not an employee of the Board of dounty Commissioners for Monroe
County. No statement contained in this agreement $all be construed so as to find the
contractor or any ofhis/her employees, contractors, servants, or agents to be employees of
the Board of County Commissioners for Monroe Coudty.
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
\. I
The Contractor shall Ilot assign or subcontract its obligations under this agreement, except
in writing and with the prior written approval of the Board o( County Commission.ers 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 abrreed-upoI;l 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 pertaini*g to, or regulating the provisions of,
such services, including those now in effect and h1einafter adopted. Any violation of
said statutes, ordinances, rules and regulations shaU constitute a material breach of this
agreement and shall entitle the Board to terminate thi~ 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 ~pecifications 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 limit~fons as indicated by. an "X" on the
attached forms identified as INSCKLST 1-5, as furtner detailed on forms WCl, GLl, and
VL 1, 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 C<;mtractual 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 th, contractor after the contractor has
received written notice of termination.
3.13 PROFESSIONAL RESPONSffiILITY
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 $d/or licensure of contractor.
3.14 NOTICE REQUIREMENT
., I
Any notice requirea vr permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by cel!ified mai~ returned receipt
requested, to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S. Roosevelt Blvd_
Key West, FL 33040
FOR CONTRACTOR
Barnes' Alarm Systems, Inc.
5615 3rd Avenue #8
Key West, FL 33040
3 _15 CANCELLATION
.A) The County may cancel this contract for cause \\/ith seven (7) days notice to the
contractor. Cause shall constitute a breach of the obligaiions 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 ofits intention to do so.
3.15 GOVERNING LAWS
This Agreement is governed by the laws of the Statei 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.
-)
.,
(SE~).,-...
Attest:. DANNY L. KOLHAGE, CLERK
By:. d2~{? Lf2v9~
. .. -' ":- 1 <' ' .. . ~ ..,..,
.' ... Deputy Clerk
Date: 0.;1-/9- cJ3
(SEAL)
Attest:
By:
Title:
BOARI!:> OF COUNTY COMMISSIONERS
OF M~..NJ ?~ C~~Y, ,.O~~ I
By: ;(/j~ //7. ~
, Mayor/Chairman
-
By:
Title:
B~ lJ. t ·
, WITNESS
Title~ .~. ~ ~~.
APPROVED AS 0 FO .
AN GAL SUF I CY