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Item C08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16, 2005 Division: Public Works Bulk Item: Yes ~ No Department: Facilities Maintenance Staff Contact Person: Ann Riger AGENDA ITEM WORDING: Approval to renew contract with Barnes' Alarm Systems, Inc. for fire alarm system certification, maintenance, and monitoring, and to include the Monroe County Sheriffs Office's Aviation Hangar in the contract specifications. ITEM BACKGROUND: On February 28, 2005, the current contract with Barnes' alarm systems, Inc. will expire. In accordance to Article 3.05 B of the original contract dated February 19, 2003, staff recommends renewal ofthe contract utilizing the final one-year renewal option. PREVIOUS RELEVANT BOCC ACTION: On February 19,2003, the BOCC awarded the bid and entered into a contract with Barnes' Alarm Systems, Inc. for alarm system certification, maintenance, and monitoring. On February 18, 2004, the BOCC renewed the contract for the first of two one-year renewal options, and on March 17, 2004, the BOCC approved an amendment with Barnes' Alarm Systems, Inc. to delete the demolished Public Services Building on Stock Island from the contract specifications. CONTRACT/AGREEMENT CHANGES: The Sheriff's Office Aviation Hangar in Marathon shall be added to the Contract Specifications. The renewed contract shall commence on March 1, 2005, and will expire on February 28, 2006. The contract amount remains the same. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: not to exceed $25,000 BUDGETED: Yes -X- No COST TO COUNTY: same SOURCE OF FUNDS: ad valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty. _ OMBlPurchasing _ Risk Management DIVISION DIRECTOR APPROVAL: Dent Pierce DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Barnes Alarm Systems Contract #_ Effective Date: 03/01/05 Expiration Date: 02/28/06 Contract Purpose/Description: Fire alarm system certification, maintenance, and monitoring. Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 02/16/05 Agenda Deadline: 02/01/05 CONTRACT COSTS Total Dollar Value of Contract: $ 25,000.00 Budgeted? Yesr8J No D Account Codes: Grant: $ N/ A County Match: $ Current Year Portion: $ 14,583.33 001-20501-530-340-_ 101-20505-530-340-_ - - ----- - - - - ------ ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW O.M.B./Purchasing Date Out Changes Date In Needed Division Director YesD NoD (YesD No[2( Risk Management County Attorney Comments: OMS Form Revised 2/27/01 MCP #2 RENEWAL AGREEMENT (Alarm System Annual Certification, Maintenance, and Monitoring) THIS Renewal is made and entered into this 16th day of February, 2005, between the COUNTY OF MONROE and Barnes' Alarm Systems, Inc. in order to renew the agreement between the parties dated February 19, 2003, as renewed on February 18, 2004, and as amended on March 17,2004 (copies which are incorporated hereto by reference) as follows: 1. The County exercises its final of two one-year options to renew the contract In accordance with Article 3.05B of the original agreement. 2. Section Two, Contract Specifications, 2.01 shall include the Monroe County Sheriffs Office Aviation Hangar located at 10100 Overseas Highway in Marathon. 3. All contract obligations and issues pertaining to the alarm system annual certification, maintenance, and monitoring, pertain to the Monroe County Sheriff's Office Aviation Hangar. 4. The term of the renewed agreement will commence on March 1,2005, and terminate on February 28, 2006. 5. In all other respects, the original agreement between the parties dated February 19,2003, as renewed on February 18, 2004, and as amended on March 17,2004, 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 COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk BARNES' ALARM SYSTEMS, INC. Witness By: Witness Title CONTRACT AMENDMENT (Alarm System Annual Certification, Maintenance, and Monitoring) TIllS Amendment is made and entered into this 17th 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: 1. The Public Service Building, 5100 College Road, Stock Island, shall be omitted fom 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, 8lld r~newed on February 18,2004, remains in full force and effect. lN~SSWHEREOF, the parties have hereunto set their hands and seal, the day and year fti~Wtiti~ above. '(~~r Attest:I>.Al~~NY L. KOlHAGE, CLERK. BOARD OF COUNTY COMMISSIONERS OF MONROE COUN1Y, FLORIDA " .~ ..t// ? By~/~~~,~i~ Deputy Clerk ~(~ ~ .. , ::::> . .... '- ==--- ,~ Witness BARNES' ALARM SYSTEMS, INC. BY~~' ,---~ /) I:.J-L~< (' i./ Title "------ .- .J RENElYALA~ (Alarm System Arnn~J Certifi~ Mainteoance,' and Monitoring) nus Renewal is made and entered into this 18th day ofFebmary, 2004, between the COUNTY OF MONROE and Dames' Alarm SystemS, Inc. in order to renew the agreement bet\eeIl the parties dated February 19, 2003 (a copy which is incorporated hereto by reference) as folIows: 1. The County exercises its first of two one-year options to renew the contract in 3CO)rdance with Article 3.05B of the original agreement. 2. The tenn 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 1~, 2003 reJn91nS in full furce and effect. ,SS WHEREOF, the parties have hereuntO set their bands and seal, the day aad year e. L. KOIHAGE, CLERK BOARD OF COUNIY COMMISSIONERS OF MONllOEcOUNlY" FLORIDA ~E:.~ By: , ~~ W'ttneSS BARNES' ALARM SYSTEMS, INC. C' Tttle .'ll._ ~ . _~.._ v..... - _I . .... SECTION THREE CONTRACT nus AGREEMENT_ made and entered into this 19th'day of Febrwuy, 2003, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"l and Barnes' Alarm Systems. Inc. , (hereinafter called the "Contractor'). WITNESSED; That the parties hereto, for the consideration hereinafter set forth, mutually agree as fullow: 3.01 THE CONTRACT The cOntract between the owner and the contractor, of ~ch this agreement is a part, consists of the contract docUments. 3_01 THE CONTRACT DOCUMENTS The contract documents consist. of this agreement, the specifications, aU change orders, and any addenda issued hereafter, any other amendments hereto eX~ by the parties hereafter, together with the bid proposal and all required insUrance documeni.ation. 3.02 SCOPE OF 1HE WORK The COntractor sball proVide all labor, tools, and equipment: RecessaIy to provide Alarm System An1)11al Certification, MainteiJance, and Monitorin& in accordance with the Public Works COn1ract Specificationsentitl~: ALARM SYSTEMANNUAL CERTInCrrION. MAIN1'BJWlCE,Alil) AfONItORfNG MONROeCOUNTY, FLORIIM The Contractor shall provide all required. doCumentation Pursuant to National Fife Protection Association Requirements, and sWln be on call twenty-four holm; per day, seven days per week. . And his bid dated January 9, 2003, each attached hereto and incorporated as pari of this contract document. The specifications sball serve as minimum coI11:rnCt standards, and shall be the basis of inspection and acceptance of all the WorL 3.03 THE CONTRACT SUM The County shall pay to the Contractor for the faithful perfonnance 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 - Nonnal working hours of8:00 a.m. to $ 55.00 per hour " l a. 5:00 p.rn: MVdday through Friday excluding holidays . Labor - Overtime rate for hourS not statedahove, including holidays. $ I 10.00 per hour . 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, OT other acceptable proof of purchase. See Note Below. 27 % off list price Or . M.anuJacturers invoice cost of parts and materials Cost+N/A % Note: Some providers get governmental discounts offertkl hy the~ and they give Monroe County a pereentageoffof list price. Oiher prOvkkrs boie their pricing on a marlap on. the manufacturers cost. Only one qf the q];()"e methods may be used 3.04 CONTRACTOR'S ACCEPTANCE OFCONDmONS . . A. The CoIitractorheteby agrees. .tI1athe.l1as c.arefuUy ~1Ji~~ site and has. made investigations to tqllySatlsty ~.~ juch site is correct and..~~le onefOc this Wade and he assumes filii ~~ityt:herefQte. The pro~oD$()fthe ~ shali control any. inconsistent provision$ t>>ntained . in dte" specifiaitiotis. A1J sPecifications have been read and ~fully conSidered by theCOntiadOr,Wh9 linderstan~ the same and .~ees to their sufficiency rot th~w<rl to be'dQi1e. Under. no cirauDst3nces, conditions, or situations shall this Contnlct be more sirongIy conStrued:against the OWner t{liui against the COntractor. B. Any ambiguity or uncertainty in the specificatio~shall be interpreted and construed by the Owner, and his decision shall be. final "and binding upori an parnes. C. The passing, approval, andlor acceptance by the Owner ofany 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 severnlIy liable to the Owner for aU damage. loss, and expense caused to the Owner by reason of the Confractor's breach of this Contrnct andlor his fuilure to comply strictly and in all things with this Contract and with the specifications. 3.05 TERMOFCONTRACT/~NEWAL A. This connct shall t,_ for a period of one (1) year, commencing March I, 2003 and tenninating February 29, 2004. . . B. The Owner shall have the option to renew this agreement after the first year, and each succeed ing year, fur two additional one year periods. The Contract amount agreed to herein might be adjusted annually in ~rdance 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 CQunty Commissioners from any and all claims for bodily Uijury (including death)~ personal injury, and property damage (includirig property owi1ed by Moliroe County) and any other lo~ dainag~ and expenses (mduding 8ttomey's fees) which arise out o~ in co~ection ~ or by reason of services provided by the Contnctoi or any of its Subcontractor(s) in, any tier, occasioned by the negligence, errors, <<other wrongful act of omission of the Contractor or its SubContractors in anytiet~ their employees, 9r agents. In the event the completion of the project (to include the wOrk of others) is delayed or suspended as a result of the Contmc1or's fiillure to. purChase or maintain .~required insurance, the Contnlaor shall indemnify. the COtmty 110m any and all inCreaSed ~ resulting ~msuch deJay~ . . The first. ten dollars ($10.00) of reniuneration paid 10 the ~r. is for the inde~cation provided for ~ve. The extent of liability is in no way li~ited to, reduced, or lessened by the inStrince 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 colitr.aCtor and not an entployee of the Board of County Commissioners for Monroe County. No statement contained in this agreement sbaJI be constrned so as to find the contractor or any ofhisfhei employees, co~rs, 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, natioml origin, sex. age. or any otb.eJ- cbaracteristic 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 shaJI lJot assign or subcontract its obligations under this agreement,except in writing and with the prior written approval of the Board ()f County Commissioa:s for . Monroe County and Contractor, which approval shall be su;b)ea to such conditions and proVisions as the Board may deem necesSarY. This patagmph shall be incorpoIJted by reference into any assignment or subcontract and any assignee or subcontrnctor shall comply vvith all of the provisions of this agreement. Unless expressly provided for. th~in, such approval shall in no nianner 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 servicesfgoods pursuant to this agreement, the coIItrnctor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the prOvisiollS ot: such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, roles and regulations sbaJI coDstitute a DiateriaI bceac4 of this agreement and shall entitle the Board to termillate this contract immediately upon deIive1y of written notice of termination to the contractor. The cOntractor shall possess p:oper licenses to perform work in accordance with these specifications throughout the tenn of this contract. 3.11 lNSURANCE Prior to execution .ofthis agreement, the contractor shall furnish the Owner Certificates of Ins1.trance iridi~ the m;nimlllDCOverage limitations .2lSh1dicated by. all 4." on the aUached forms identified as lNsCKLsT l~S,as furthetdetailedon fohns WCt, aLl, ~ VLI, each attached hereto and mcorpOtated as paI1 oftfiiS .~ doam1ent, and aD other requirements.found to be in thebestint~ of Monroe County as niay be iJnpQsed by the Monroe County Risk Managemei1t Department. . 3.12 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance QmtractuaI Services are padiaIly reduced or cannot be obtained or cannot be continued at level sufficient to allow for the puidtase of the services/goods Specified herein, this agreement may then be terminated immediately at the option of the I!oard of County COJnmissioiielS by wOttennotice of termination delivered in person or be mail to. the contrnctor. The BoanI shall not be obligated to pay for any services provided by the contractor after the contnlctor has received written notice of termination. 3.13 PROFESSIONAL RESPONSmILITY The Contractor warrants that it is authorized by law to engage in the performance of the . activities encpmpassed by the project herein descn"bed, subject to the tenns and conditions set forth in these contmct documents The provider shall at all times exercise independ~ professional judgment and shall assume professional respoBSl"bility 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. JJ4 NOTICE REQUIREl\ffiNT , I Any notice required vr pennitted under this agreement shalf be in writing and band delivered or mailed, postage prepaid, to the other party by ces:!ified mail, returned receipt requ~ to the following: . " . FORCOUNTY " Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Barnes' Alarm Systems, Inc. rd 56J53 Avenue#8 Key West, FL 33040 3.15 CANCELLATION A) The County may cancel this contract for cause \\lith seven (7) days notice to the contraaor. Cause shall constitute a breach of the obligations of the ContJador to perform the services enumerated as the Contractor's obligations under this contract. B) Eitber 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 GOVERNINaLAWS This Agreement is governed by the Jaws ofth~ State of Florida. Venue fur any litigation arising under this Agreement must be in Monroe CountY, Florida. In the event :of any litigatio~ the j>rev<1ilmg party is. entitled to attomey's fees and costs. 3.16 CO~GENCY STATEMENT Monroe Couitty's perf9rman~ and obligation to pay under this cqUract iscon1ingent upOn an aimuat aPproj>ri3tiOJi bY the MOnroe ~ Board ofCouDty Coin~issiOnelS. IN WITNESS WBEREOF the parties hereto baveex:ecutedtJDs ~eIit on"the day _ date " first ~ 8I?ov~ in four (4) counterp~ each ofWlUch shaII; WithQUt proof or accowrtin8 for the .other"~ .00 deeined an original. contrn,ct. ." ,.p) . (SEAtb.,>". . " . BOARD OF COUNTY COMMISSIONERS AttesE;P~lJ.KO.. LHAGE,C.LERK OFMTtP!,. c~.rn;rr.~...........A By: ~~t? L12v9~ By: L;/JjtI- .. . . .... -'.1'" ,.-t ~:'.' '.. -,. . _ . . ." . -"-. .;~..,..:.~.,,,"'Deputy Qerlc Mayor/Chairman Date: O:;J~ /9- cJ3 (SEAL) Attest: By: By: Title: Title: B~(~. ~ · ... WITNESS TitIe~.~ {~~ €f~. AS SECTION TWO CONTRACT SPECIFICATIONS 2.01 FIRE ALARM SYSTEM ANNUAL CERTIFICATION 1. The Contractor shall furnish alarm system anmlal certification and maintenance, (including Calibrated and/or Standard Smoke Detector Sensitivity Tes6ng as required by the National Fire Protection Association); including all neressary labor,. equipment, permits, licenses, insurance's, and all other costs associated with same, for: BUJLDING LOCATION CONTBOL MODELl PANEL Mam(h()n Health . SOO White~ West SOO WhitdIead . West SOO Whitelleaif St. west 530 Whitehead St. Key West 5100 5200,. 700 '.'St. noo' gilflOm4)o CourthoUse ~. PiieLi1e .FneLite Fm:Ute Fmi..i1e 4100 MP-24 Fi(~n AFP-D 500 , 500 SFP 40GB 4010' . 4100," F..--lI+2. ~ .~: MQli$ran4024 SFJ;>,_ 2001-4431 lSOO. Seaies MP~24 MP-24 MS9200 MS-S024 NOIifier , Notifief' ~