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Item C07BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 17, 18,�2004 Division: Public Works Bulk Item: Yes X No — Department: Facilities Maintenance AGENDA ITEM WORDING: Approval of a Contract Amendment with Barnes' Alarm Systems, Inc. to delete the demolished Public Service Building on Stock Island from the Contract Specifications. ITEM BACKGROUND: The Public Service Building is included on the contract specifications with Barnes' Alarm Systems, Inc. for annual alarm system certification, maintenance, and monitoring. The building has been demolished. 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, and on February 18, 2004, the BOCC approved to renew the contract for the first of two one-year renewal options. CONTRACT/AGREEMENT CHANGES: The contract sum for Fire Alarm System Annual Certification shall decrease from $6,485.00 for 20 alarm systems to $6,160.75 for 19 alarm systems. The contract sum for Alarm System Central Station Monitoring shall decrease by $21.25 per month from $212.50 for 10 alarm systems to $191.25 for 9 alarm systems. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: N/A COST TO COUNTY: N/A BUDGETED: Yes X No _ SOURCE OF FUNDS: N/A REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing X Risk Management —X — DIVISION DIRECTOR APPROVAL: _ �� Z�Lz 21ol Dent Pierce, Director Public Works DOCUMENTATION: DISPOSITION: Included _ X To Follow Not Required. AGENDA ITEM #C 7 Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Barnes Alarm Contract # Effective Date: 03/01/04 Expiration Date: 02/28/05 Contract Purpose/Description: Contract Amendment for alarms stem certification, maintenance, and monitoring, reducin-2 costs for the elimination of the Public Service Building on Stock Island from th contractspecifications. Contract Manager: Ann Riger 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 03/17/04 Agenda Deadline: 03/02/04 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000.00 Current Year Portion: $ 18,750.00 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-540- Grant: $ N/A 101-20505-530-540- County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: CONTRACT REVIEW Changes Date In Needed Division Director 3' 7,1 b I Yes❑ No❑ Risk Management AW'I'aY Yes❑ No[T"' O.M.B./Purchasing, l/ Yes[] NoV County Attorney a ja 6/D Yes❑ NoR' Comments: #2 Date Out CO M CN�MENT (Alarm System Annual Certification, Maintenance, and Monitoring) THIS Amendment is made and entered into this 17s` day of March, 2004, between the COUNTY OF MONROE and Barnes' Alarm Systems, Inc. in order to amend the agreement between the parties dated February 19, 2003, and renewed on February 18, 2004, (copies which are incorporated hereto by reference) as follows_ The Public Service Building, 5100 College Road, Stock Island, shall be omitted from the contract specifications article 2.01 Fire Alarm System Annual Certification and article 2.02 Alarm System Monitoring. 2. The contract sum for Alarm System Annual Certification shall decrease by $324.25 from $6,485.00 for 20 alarm systems to $6,160.75 for 19 alarm systems. 3. The contract sum for Alarm System Central Station Monitoring shall decrease by $21.25 per month from $212.50 for 10 alarm systems to $191.25 for 9 alarm systems. 4. In all other respects, the original agreement between the parties dated February 19, 2003, and renewed on February 18, 2004, remains in fiill force and effect. IN WITNESS WMMEOF, the parties have hereunto set their hands and seal, the day and year first written above. (seal) Attest: DANNY L. KOLHAGE, CLERK LE Deputy Clerk Witness Witness MONROE COUNTY APPROVED AS 1 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Un BARNES' ALARM SYSTEMS, INC. Lo Title RENEWAL AGREEMENT (Alarm System Annual Certification, Maintenance, and Monitoring) THIS Renewal is made and entered into this I e 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: The County exercises its first of two one-year options 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 between 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 .10 Deputy Clerk Witness Witness PP OV F. `RM: R 0 B L F E CHIEF ASSIT OSU ,i":"ANEY BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOR DA By: BARNES' ALARM SYSTEMS, INC. IUn Title A 1 , 4, SECTION TIME 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 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: ALARM SYSTEMANNUAL CERTTPM'ATTON, MArNTEN14NCE, 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 30a' 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 % i. 5:00 p.m: M,,,day through Friday excluding holidays • Labor — Overtime rate for hours not stated above, $ 110.00 per hour including holidays. • Materials, supplies, and replacement parts . 27 % off list price 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 • Manufacturers invoice cost of parts and materials Cost + N/A % Note: Some providers get govemmenW discounts offered by the . facturer, and they give Monroe County a percentage off of list price. Other providers base !heir pricing on a markthe mcn�ufaclurers cost. Only one of the above mefhods may be used 3.04 CONTRACTOR'S ACCEPTANCE OF CONDMONS 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 furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terns 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 CONTRACT/pLENEWAL, A. This contract shall t- 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 IfiTDEPENDENT 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 ASSIGNWNT/SUBCONTRACT The Contractor shall riot assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissiomrs 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 firrnish 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 farther detailed on forms WCI, GLI, and VLI, 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 servicestgoods 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 requirea pr permitted under this agreement shad 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. 3583 S. Roosevelt Blvd. 5615 3`d Avenue #8 Key West, FL 33040 Key West, Fl. 33040 3.15 CANCELLATION A) The County may cancel this contract for cause v-ith se -,-en (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 attomey'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. (SEALa.e'` BOARD OF COUNTY COMMISSIONERS Attest:-* FANNY L. KOLHAGE, CLERK OF MO OE C UNTY, VLOIPA By; Gtri� By: `6 Deputy Clerk Mayor/Chairman Date: 0;2— / 9- 03 (SEA+ t ` Atte: LIM Title INC. B WITNESS Title._r% Title: APPROVED AS TO F 4ANGAL SUFFA N� ON SECTION TWO CONTRACT SPECIFICATIONS 2.01 FIRE ALARM SYSTEM ANNUAL CERTIFICATION The Contractor shall furnish alarm system annual certification and maintenance, (including Calibrated and/or Standard Smoke Detector Sensitivity Testing as required by the National Fire Protection Association); including all necessary labor, equipment, permits, licenses, insurance's, and all other costs associated with same, for: BURRING LOCATION CONTROL PANEL MODEL # County Courthouse 500 Whitehead St West sinylex 4100 Juvenile Detention Center Old Detention Fad" 2 FL Breaktnom L Lancelot Lester Buflding, & Records Storage 500 Whitehead St., Key West 500 Whitehead St Key West 530 Whitehead SL Key West Fireiite Faraday Nobler MP 24 Firewatch H AFP 200 Public'Service Bayshore Manor . 5100 College Rwd, Stock Island 52M 10ollege Rwd, Stock Island Nd"er Notifies Systeni 500 S 500 May Bill Rwwll 700 Fleming St Key West Not fter SFP 400B Cato Builifing 1100 Simonton Sbyet, Key West 4010 Government Center 1200 T==Ayejnje, Key'West &Mkx 4100 Big Pine Key Library 231 .Key Deer Bivct PineKey Faraday Firewatch II+2 Marathon Government Center , 2708 Overseas Egghway, Ma M&W F310daV MP C-2000 Marathon Government Annex 490 63 SUcet. Marathon Fur%ite MS4,024 Marathon Jail 3981 Ocean Terrace.. Mara&m Fi dift Mrniscan 4024 Marathon Courthouse 3117 Overseas Notifier SFP 400E 3251Overseas g6m. Marnawn sinwkx 2001-4431 -CkorgeDolw Rath him Center Marathon Health Dept 3333 Overseas Mghway, Marathon Edwards 1500 Sties 88800 Overseas IrtAway, PI . FireLite MP 24 -ElHsBuikbng Plantation Key Courthouse Plantation FirrLfte hV 24 Plantation Key Jail 53 RoA PlaWatian Key FireLite. MS-9200 Key LargD Unary 101485 Overseas EROMY, Tmdewinds Plaza FireLite MS-5024 CA o Q 00 t` N M h M N ^+ M A U %0 -4 et 'O M lV � + N N N N •-r .--� .--� ..r M � C% oo x A A .N.i t- 00 d tr- l�r tI�•--��--�efNdh.-���N�D N v� A v7 O N .~.� N 00 N 00 M •-� en d et t� 00 d N N A U o � a �9Allo -ca 2.02 2. Work Shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 3. Fire alarm Annual Certification, along with all noted deficiencies which may be identified during the course of certification, shall be provided to the office of the Facilities Maintenance Director, 3583 S. Roosevelt Boulevard within thirty days prior to expiration of respective existing certifications. 4. All identified deficiencies which are detected and identified during the course of the certification process, shall be rendered and submitted, along with all documentation for corrective measures to include cost expenditures required to correct same. All noted deficiencies shall be corrected within thirty days. ALARM SYSTEM MONITORING The Contractor shall furnish alarm system monitoring, including all necessary labor, equipment, permits, licenses, insurance's, and all other costs associated with same for the following: a. County Courthouse, 500 Whitehead Street, Key West b. Juvenile Detention, 500 Whitehead Street, Key West C. J. Lancelot Lester Building including Records Storage Facility, Whitehead Street, Key West d. Bayshore Manor, 5200 College Road, Stock Island, Key West e. Harvey Government Center,1200 Truman Avenue, Key West f. Public Service Building, 5100 College Road Stock Island, Key West g. Courthouse Annex Panic Hardware System, 502 Whitehead Street, West h. Gato Building, 1100 Simonton Street, Key West i. Gato Building Elevator, 1100 Simonton Street, Key West j. Key Largo Library, Tradewinds Plaza, Key Largo 530 Key 2. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements. 2.03 REPAIR AND MAINTENANCE I. Repair and maintenance for alarm systems listed in article 2.01 and 2.02.. The Contractor shall be available 24 hours per day, 365 days per year. The Contractor shall be at the site of an alarm system malfunction within three hours of verbal notification by the Owner. 2. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained alarm systems so that such emergency repair will be completed within 48 hours of notification by the owner. The owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials, plus percentage indicated in the bid form, or less percentage of list cost, (whichever the case may be) that are used in the repair of all County maintained alarm systems. Manufacturer's invoice may be requested at the discretion of the Owner. 3. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. 4. Work shall be performed in accordance with, and all documentation shall be provided pursuant to, National Fire Protection Association Requirements.