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HomeMy WebLinkAbout10/15/2014 - STAFF REPORTS - 2.S. A. *PALM$,* iy W V N +euno c441FOlt City Council Staff Report DATE: October 15, 2014 CONSENT AGENDA SUBJECT: AWARD CONTRACT FOR SECURITY AND FIRE DETECTION ALARM MONITORING, TESTING AND MAINTENANCE SERVICES AT VARIOUS CITY FACILITIES FROM: David Ready, City Manager BY: Maintenance and Facilities Department SUMMARY The City contracts for the monitoring, testing and maintenance services of security and fire detection alarm systems for various facilities. The agreement with the current provider is due to expire and this request extends services during the transition period to the new provider, effective December 1, 2014. RECOMMENDATION: 1. Approve Amendment #1 to Agreement 6139 with O'Linn Security Services to extend the term to 11/30/14 in the amount of$7,925. 2. Award a contract services agreement for Security and Fire detection monitoring, testing and maintenance services with Maximum Security Alarm Systems of Palm Springs, CA for a 3 year term at $14,265 per year, with two 1 year renewal options subject to a CPI increase, at the mutual consent of the city and contractor. 3. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: The Maintenance and Facilities Department oversees the monitoring, testing and maintenance of the security and fire detection alarm systems at City owned facilities. There are currently thirty (30) facilities and forty four (44) fire and security panels to be monitored, tested and maintained. ITEM NO. it City Council Staff Report October 15, 2014 - Page 2 Alarm Monitoring Services Contract The Procurement & Contracting Department conducted a formal invitation for bids (IFB 15-02), which was posted to the City's website 7/23/14, advertised, and sent electronically to eleven prospective contractors. Three responsive, and one non- responsive bids were received by the 9/25/14 bid due date and time from the following firms: Vendor Annual Price Bid Maximum Security $14,265 Alarmco Security $15,945 *non-responsive) Premier Security $23,455 Mijac Alarm Co. $24,495 Maximum Security Alarm Systems, Inc. of Palm Springs, CA is the lowest, responsive, responsible bidder. The bid from Alarmco was determined non-responsive for failure to provide the required bid bond/security. Maximum Security, with 35 years of industry experience, is fully licensed per the requirements of the Bureau of Security and Investigative Services (BSIS) and holds a C-10 Electrical Contractor's license and a Fire Alarm Technician Certification. The cost of $14,265 per year for monitoring and testing services is a 25% reduction in cost from the current vendor's rate of $19,020 annually. Staff recommends award to Maximum Security Alarm Systems. FISCAL IMPACT Funding for these services has been approved in the FY 14-15 budget and is available in accounts 001-3010-43200 and 415-6250-43200. Submitted: Patrick Sweeney, Direct of Facilities David H. Ready, Ci g e r Attachments: Amendment#1 to Agreement 6139 with O'Linn Security Services Maximum Security Alarm Systems Contract Services Agreement 02 CONTRACT SERVICES AGREEMENT FIRE&SECURITY ALARM MONITORING, TESTING, MAINTENANCE& REPAIR SERVICES THIS AGREEMENT FOR CONTRACT SERVICES ("Agreement") is made and entered into on , 2014 by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and, Maximum Security Alarm Systems, Inc. City and CONTRACTOR are individually referred to as "Party" and are collectively referred to as the "Parties". RECITALS A. City requires the services of a Fire and Security Alarm Monitoring Company for monitoring, testing, maintaining and repairing Fire and Security alarm systems at approximately thirty(30) City facility sites/locations. B. CONTRACTOR has submitted to City a bid to provide Fire and Security system monitoring, testing, maintenance and repair services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, CONTRACTOR is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of CONTRACTOR for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONTRACTOR SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, CONTRACTOR shall provide fire and Security alarm systems monitoring, testing, maintenance and repair services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit"A" and incorporated by reference (the"services" or"work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. CONTRACTOR warrants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement, the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. CONTRACTOR services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. CONTRACTOR shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1 03 1.4 Familiarity with Work. By executing this Agreement, CONTRACTOR warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by CONTRACTOR is an essential condition of this Agreement. CONTRACTOR shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." CONTRACTOR shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of CONTRACTOR. Delays shall not entitle CONTRACTOR to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONTRACTOR 3.1 Compensation of CONTRACTOR. CONTRACTOR shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit "A". The total amount of Compensation is estimated to be $14,265 per year for regular monthly monitoring and annual testing services (subject to alarms being added or removed as necessary throughout the term of the agreement by the Contract Administrator and cost adjusted accordingly by Administrative Action), plus the cost of as-needed repairs or maintenance approved by the Contract Administrator at the hourly labor rate(s) of$65 per hour or regular hours and $130 for emergency/weekend or holiday repairs, plus material costs as defined in Exhibit"A". 3.2 Method of Payment. In any month in which CONTRACTOR wishes to receive payment, CONTRACTOR shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay CONTRACTOR for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of CONTRACTOR's invoice. 3.3 Chanees. In the event any change or changes in the Scope of Services/Work is requested by the City's Contract Administrator to either add or remove alarm locations, the Contractor shall provide the Contract Administrator the monthly cost in writing for the additional location subject to the Contract Administrator's approval, and the Contract Administrator shall notify the Contractor in writing when locations are to be removed from service, providing 30 days written notice. The Contract Administrator shall have the authority to add and delete locations as may be required throughout the term of the agreement by administrative action without execution of contract Amendments to facilitate the timely monitoring of all alarms. However, written contract Amendments shall be executed under the following conditions: A. To provide for revisions or modifications to documents, work product, or work, when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in CONTRACTOR's - 2 04 profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer, 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, if CONTRACTOR notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After CONTRACTOR notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect for a period of three (3) years, commencing on the first day of service with two (2) additional one (1) year options to extend at the mutual written consent of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to CONTRACTOR. Where termination is due to the fault of CONTRACTOR and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, CONTRACTOR shall immediately cease all services except such as may be specifically approved by the Contract Officer. CONTRACTOR shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. CONTRACTOR may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of CONTRACTOR. The following principal of CONTRACTOR is designated as being the principal and representative of CONTRACTOR authorized to act and make all decisions in its behalf with respect to the specified services and work: Richard O'Linn, Owner. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during 3 05 the term of this Agreement for directing all activities of CONTRACTOR and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by CONTRACTOR without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). CONTRACTOR shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. CONTRACTOR shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Aeainst Subcontractine or Assignment. The experience, knowledge, education, capability, and reputation of CONTRACTOR, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, CONTRACTOR shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which CONTRACTOR, its agents or employees, perform the services required, except as otherwise specified. CONTRACTOR shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review CONTRACTOR's work product, result, and advice. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. CONTRACTOR agrees to assign the following individuals to perform the services in this Agreement. CONTRACTOR shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by CONTRACTOR by providing written notice to CONTRACTOR. Name: Title: Steve C. Kaufer President Antonio Z. Contreras Technician Soloman P. Contreras Technician David P. La France Manager 6. INSURANCE CONTRACTOR shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. - 4 06 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by CONTRACTOR, its officers, employees, representatives, and agents, that arise out of or relate to CONTRACTOR's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability under this Agreement. CONTRACTOR's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the benefit of third party Indemnified Parties not otherwise a party to this Agreement. 7.2 Desi2n Professional Services Indemnification and Reimbursement. (*Not Applicable) if the Agr:.:men s a_«_fm:_,.a to be a "desi..n pia fessio_.a san4ees agreement" ....a CONTRACTOR CTO a "design-.tee C,ssienaPl H fide_Gala l�:..:1 /�Sd-e Oeet:e.. '1^/O'1 O the_. vva.aa�a�a vaa auu u , A. Te the fullest eritent pefinitted by law, CONTRACTOR shall indemnif-y- defend (at GONTD ACTOWs sole eest and expense), pffiteet and held 1.,....„less Gity and its uw..uu �u va.a a�avi a vn u ovw eleeted ' "Inde,.. ni fied Dafty"; eelleet:..ely "Indemnified ayi.....au of u.v Yavwva m avyuu w, , e judgments arbitration awards setitlements, e demands, .a a .,a, and penalties (eelleetiyely ""aims") ' neluding but net, limited to Claims- arising pfopeFt)-, whieh Claims arise out of-, penain te, or are related to the negligenee, reeklessness a .,:11h.1 „.. and-upt o f CONTRACTOR,CTO employees, beent.aete_afrom ..:x f a su f earise GONTD A CTOW s negligent reeldess a ..:11fi.1 pe_C.a_anee o f,._ f:1.._e to _.e..B Fm any team ..�.,........a va. u negligent, waaa.. , provision, eevenant er aLaeendition of this A e e ("Indemnified Claims"), but effieeFS, employees, agents and veltinteen. E. The CONTRACTOR shall require all all—Don desigil FF8fesHro;1s t pe_c the oe._.:,.e,, e_ alle_l. _............ ....,e.. ... .,.... e............. ..y CONTRACTOR a it..a:eaaa:�:a���.-.:n�-.� previsions in sub seetion 7.1 in C. er of the Indemnified Da4:e.. hi addition GONTD A CTO shell require all non design-pre€essienel sub eentreeters, used BF sub eowFaeted b .nsyr ..ee that :a e..nsistent with the r.�...._mee .._eyisie..a a.. got r..h in this A g feenient well fl,,. . .__. ,_ __.,_,_._-_ --.... .... ......�� �,a.,.z�a�aa�-ate ea .. 5 07 as any other insuranee that may be required by Gentmet Offieff. 8. RECORDS AND REPORTS 8.1 Reports. CONTRACTOR shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. CONTRACTOR shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. CONTRACTOR shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by CONTRACTOR in the performance of this Agreement shall be the property of City. CONTRACTOR shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. CONTRACTOR shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. CONTRACTOR may retain copies of such documents for CONTRACTOR's own use. CONTRACTOR shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by CONTRACTOR in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. CONTRACTOR shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and CONTRACTOR covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. 6 08 Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of CONTRACTOR. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Lesal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall be personally liable to the CONTRACTOR, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the CONTRACTOR or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. CONTRACTOR warrants that CONTRACTOR has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant A¢ainst Discrimination. CONTRACTOR covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth 7 09 below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To CONTRACTOR: Maximum Security Alarm Systems, Inc. Attention: Steve Kanter, President 3700 Tachevah Dr., Suite 120 Palm Springs, CA 92262 11.2 Integrated Agreement, This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 8 10 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: By: David H. Ready City Manager APPROVED AS TO FORM: ATTEST By: By: Douglas C. Holland, James Thompson, City Attorney City Clerk "CONTRACTOR" Maximum Security Alarm Systems, Inc. Date: By : (name) (president) Date: (name) (secretary) 9 � I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On before me, Odq Heis hs9M aM Tee of Ma car personally appeared rama�c)a a1A who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histher/their authorized capacity(ies), and that by h isfierRheir sgnatuie(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrumenf- I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. w�oom,ansm Signature s4,naampryrvbro '� OP77ONAL Though the f kvm flon below Is not requNed by law N nab prove valuably to persons re4ft on fie dacvmerrt and couldpremnt(eudulent.emavai and reaeachm 9 of Nus krrm to another do&RT e v Description of Attached Document Title or Type of Document: ....... Document Date: ,,. _____ Number of Pages: _ Slgneria)Other Than Named Above: _..-.__-__----- Capaclty(les)Claimed by Signer(s) Signer's Name: -_-. _--_._-- Signers Name:_ __._..._.— n Individual F1 individual ❑ Corporate Officer—Title(s): - 7CorporateOfficer—Title(s):___ J Partner—U Umfied U General Partner--Limited t_General ❑ Attorney in Fact i:a Attomey in Fact Ti'nsSCe Tapoi thumb sere '�Trustee i Top of tkei)Mro U Guardian or Conservator ❑Guardian or Conservator 0 Other:_._.___. ❑Other: Signer is Reprasentbtg: Signer is Representing: LA g2oor asYugl Nomry Awn4lbn.AkAL`a aoN M.e-,P.QBoxPADP•CFs�unh,GA M11i32d02•w-wh§tiardlaarrdg Mao MF190] naarOei;CaATd�Fm 19e467aMA2r 10 12 EXHIBIT "A" SCOPE OF SERVICES/WORK Including, Bid Schedule of Fees And Schedule of Performance it 13 CITY OF PALM SPRINGS IFB 15-02 ALARM MONITORING AND MAINTENANCE SERVICES SCOPE OF SERVICES, SPECIAL REQUIREMENTS, COMPENSTATION AND PERFORMANCE SCOPE OF SERVICES: 1. The Contractor shall provide all labor, supervision, equipment and materials necessary for monitoring, testing, maintaining and repairing City-owned fire and security alarm systems that are monitored via phone line or the AES Radio Network; all as described herein. 2. The City currently has approximately thirty (30) facility sites/locations with operational systems which require monitoring, testing and maintenance. Locations may be added or deleted at the direction of the Director of Maintenance and Facilities as may be necessary throughout the term of the agreement by administrative action, per the provision of Section 3.3 of the agreement. 3. Station monitoring. The Contractor will prepare their system for station monitoring and the ability to connect with the AES Radio Network. This will include any needed equipment (ie: Radio Frequency Transponders) so the systems can be monitored by the Contractor. The AES Radio devices are the property of the City, however the Frequencies are proprietary to the contractor. The City will compensate the contractor separately for the cost of reprogramming any device frequencies, and repairs or replacement of any inoperable devices, as may be necessary at the sole discretion of the Contract Administrator. The Contractor shall begin monitoring of all specified systems at the start of the contract. CONTRACTOR SHALL IMMEDIATELY CALL PALM SPRINGS POLICE DISPATCH AT 760-327-1441 WHEN ANY ALARM, EITHER FIRE OR SECURITY, IS ACTIVATED. CONTRACTOR MUST IDENTIFY TO THE POLICE DISPATCH WHICH TYPE OF ALARM HAS BEEN ACTIVATED, FIRE OR SECURITY, SO THAT OUR PUBLIC SAFETY UNITS RESPOND APPROPRIATELY. FALSE ALARMS THAT ARE VERIFIED BY THE CONTRACTOR ARE NOT TO BE REPORTED TO POLICE DISPATCH. 4. Safety. Contractor agrees to perform all work outlined in the Contract in such a manner as to meet all acceptable standards for safe practices during the maintenance operation to safely maintain stored equipment, machines and materials or other hazards consequential or related to the work; and agrees to accept the sole responsibility for complying with all local, County, State or other legal requirements, including but not limited to, full compliance with the terms of the applicable NFPA 72 National Fire Alarm Code, O.S.H.A and CAL O.S.H.A. Safety Orders at all times as to protect all persons, including Contractor's employees, agents of the City, vendors, members of the public or others from foreseeable injury, or damage to their property. Contractor shall inspect all potential hazards in his area of responsibility at said facilities and keep a log indicating date inspected and action taken. 12 iQ 5. Location of City-Owned Fire and Security Systems to be Monitored, Tested and Maintained: City of Palm Springs Fire and Security Systems (subject to change throughout the term*) Facility Location Panel MFG. Panel Model Type Airport Panic to Dispatch 3400 E.Tahquitz NA NA Security Electronics Animal Shelter 4575 Mesquite Honeywell Gamewell 17000 Fire Detection City Hall 3200 E.Tahquitz Honeywell 5820XL Fire Detection Honeywell 122670D Fire Detection City Yard 425 N.Civic Notifier/Radionics 4800/8112 Fire Detection Convention Center 277 N.Avenida Notifier 5000 Notifier 64 Fire Detection Caballeros /Viglant Cornelia White House 233 S.Palm Canyon Napco RP 1003 Security Electronics Demuth Community Ctr 3601 E.Mesquite Silent Knight 5104E Fire Detection Notifier Security Electronics Demuth Concession Field 7&8 Notifier PC1832 Security Electronics Desert Highland Center 480 Tramview Honeywell Fire-lite MS-5UD Fire Detection Dersert Highland Gym Honeywell Fire-lite MS-5UD Fire Detection Edom Hill 70500 Varner Road Honeywell-Ademco Vista 32FB/AES Security Electronics Suite F Fire Training Facility 3000 E.Alejo Ademco Vista 20P Security Electronics Leisure Center 401 S. Pavilion Way Honeywell Silent Night/SK208 Fire Detection Honeywell 6150 Security Electronics Municipal Co-Generation 205 N.El Cielo TBD TBD Fire Detection Pavilion 401 S. Pavilion Way Honeywell Silent Night/AES SK5208 Fire Detection Honeywell 6150 Security Electronics Library Center 300 S.Sunrise Way Ademco 625 Warning System Fire Detection Ademco 411ODL Security Electronics Palm Canyon Theater 538 N. Palm Canyon or Ademco Vista 32FB Fire Detection Parking Structure 275 S.Indian Canyon Simplex Grinell True-4010 Fire Plaza Theater 128 S. Palm Canyon or Pyrotonics CP-400 Fire Detection GE Vigilant Security Electronics Police Headquarters(Main) 200 S.Civic Drive Notifier 4800,4 Panels Fire Police Headquarters(Dispatch) Fiquench-Halon 1301 Fire Police Headquarters(Com-room) Auto Pulse Halon 542R Fire Police Sub-Station 105 S.Indian Canyon Admeco 54110 Security Electronics Ruddy's General Store 221 S.Palm Canyon Radionics Omegalarm D6112 Security Electronics SCC Building 3101 E.Alejo Road Optex Morse MDC-16ETX Fire Detection School Dist.(3)Bldg. 2901 E.Alejo Road Radionics D9412G(3 Panels) Security Electronics Stadium 1901 E. Baristo Ademco Vista-10SC-SE Security Electronics Swim Center 401 Pavilion Way Ademco 4110 Security Electronics Sunrise Plant 403 Pavilion Way TBA Fire Detection Tahquitz Creek(Club House) 1885 Golf Club Drive Honey Well W/AES Vista 32FUS Fire Detection Tahquitz Creek(Club House) Ademco Vista-20PSIA Security Electronics Tahquitz Creek(Pro Shop) Ademco Vista-20P Security Electronics U.S. Customs Office/USO 3400 Tahquitz Ademco Vista-10SE Visitors Center 2781 N. Palm Canyon Dr Ademco Vista-10SE Security Electronics Village Fest Office 171 N.Indian Canyon Dr. TBD TBD Security Electronics Welwood Library 100S. Palm Canyon Dr. TBA TBA Fire Detection Welwood Library Ademco 411ODL Security Electronics 6. The Contractor must possess the following current and valid licenses and registrations: Alarm Company Operator's License from the Bureau of Security and Investigative 13 j 5 Services (BSIS); Alarm Company Managers License for the contractor's manager; registrations for employees performing on-site services as Registered Alarm Agents with BSIS; Fire Alarm Technician Certification (Blue Card) for at least one employee; and a C-10 Electrical Contractor's License. Licenses must be maintained during the entire term of the agreement and contractor shall perform all services in compliance with any and all applicable laws, codes, and regulations, including NFPA 72. 7. All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed. Contract Administrator must approve the cost of repairs in advance and no changes shall be made without approval from the Contract Administrator. All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract Administrator or his designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written approval to make repairs or allow inspections by the City's Contract Administrator shall result in rejection of invoices and non-payment for unauthorized repairs. 8. EMPLOYEES OF CONTRACTOR. Any and all employees of Contractor not satisfactory to the City of Palm Springs will be replaced upon request as soon as possible by another who will be satisfactory. The question as to whether any employee proves satisfactory to the City of Palm Springs is one which is to be determined solely by the City of Palm Springs without cause, and without regard to the basis upon which such decision shall be made. 9. NON-INTERFERENCE. Contractor shall not interfere with the public use of the premises and shall conduct its operations as to offer the latest possible obstruction in inconvenience to the public or disruption to the peace and quiet of the area within which the services are performed. 10. BUILDING SECURITY. It shall be the responsibility of the Contractor to assure that all his supervisory and crew personnel abide by the City of Palm Springs building security regulations and safety standards. The Contractor shall conduct his work operations in such a way as to safeguard the City's personnel, equipment and property. 11. SCHEDULING OF SYSTEM TESTING. The Contractor shall provide a schedule to the Contract Administrator for locations to be tested and gain access to City facilities. Regular testing must be scheduled in advance and performed between the hours of 7:OOam and 6:OOpm, Monday through Thursday. Any alternate hours or days must be approved in advance, in writing, by the Contract Administrator. 12.WARRANTY. The Contractor shall fully warrant all new materials used in the course of this Agreement installed by Contractor, including without limitation, any optional equipment purchased by the City under the terms of this Agreement, against poor and inferior quality equipment and materials for a period of not less than the period of time warranted by the manufacturer from the date of final acceptance of material/equipment by the City. Contractor shall repair or replace inoperable material/equipment in a timely manner so as to minimize the possible disruption of City operations resulting from said 14 16 inoperable material/equipment. Contractor is not responsible for warranty of equipment already owned/installed in City facilities. 13. NOTICE TO PROCEED. A Notice to Proceed will be issued upon receipt of all required certificates of insurance and fully executed contract documents. Contractor shall receive an original duplicate copy of the fully executed agreement and a City issued Purchase Order for the proper submission and processing of invoices for the monthly monitoring, testing and maintenance services. Separate Purchase Orders shall be issued for additional work above and beyond the base monthly monitoring, testing and maintenance cost. See"Compensation", Item#4. 14. COOPERATION BETWEEN CONTRACTORS. The City reserves the right to contract for and perform other or additional work on or near the work covered by these specifications. When separate agreements are let within the limits of any one project, each contractor shall conduct his/her work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors on the same project shall cooperate with each other as directed. Each contractor involved shall assume all liability, financial or otherwise, in connection with his/her agreement and shall protect and hold harmless the City from any and all damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other contractor working within the limits of the same project. 15. DAMAGE. The Contractor shall be held responsible for any breakage, damage, loss of City equipment or supplies through negligence of the Contractor or his employees while working on the City's premises. No product, supplies, or equipment shall be used by the Contractor which is injurious or damaging to any surface t which they are applied or exposed. The Contractor shall be responsible for restoring/replacing any equipment, facilities, furniture, etc., so damaged. The Contractor shall immediately report to the Contract Administrator any damage to the premises or furnishings resulting from services performed under this Agreement Pursuant to Section 5.0 Insurance, Indemnification and Bonds, the Contractor shall be liable for any loss or damage City or third parties due to Contractors failure to properly maintain monitor the City owned fire and security systems described herein. 16. AUTHORITY OF THE CITY Subject to the power of authority of the City as provided by law in this Agreement, the City shall in all cases determine the quantity, quality and acceptability of work, materials and supplies for which payment is to be made under this Agreement. The City shall decide the questions which may arise relative to the fulfillment of this Agreement or the obligations of the Contractor thereunder. 17. TERM. The term of this Contract will be for three (3) years with two (2) one (1) year optional extensions at the mutual written consent of the parties. 18. HOURS OF WORK. Normal hours of work for routine maintenance work are Monday through Thursday, 7:00 A.M. to 6:00 P.M. Some facilities have different operation hours 15 17 and Contractor must check and get permission from the Contract Administrator to perform any work at any location outside of the hours as described above. SPECIAL REQUIREMENTS: 1. The Contract Administrator for this Contract is the Director of Maintenance and Facilities, or his authorized representative. 2. The requirement for a Performance Bond and a Payment Bond is waived for this Contract. COMPENSATION: 1. PAYMENT Contractor agrees to perform this work as specified in good order and in accordance with the specifications and will accept as full payment therefore the amounts indicated on the Pricing Sheet attached hereto. a. For all monitoring services which the Contractor is obligated to perform the City shall pay to the Contractor a monthly price per facility (annual price divided by 12 per facility). One invoice shall be submitted itemizing each location monitored as provided in the Pricing/Bid Schedule. Annual Systems testing may be scheduled and staggered with approval by the Contract Administrator. For any testing services performed in a month, the cost as per the Pricing/Bid Schedule may be included on the following month's invoice AFTER the testing has been performed and the NFPA- 72 completed form per site submitted and approved by the Contract Administrator. NO SERVICES SHALL BE PAID FOR IN ADVANCE OF PERFORMANCE UNDER ANY CIRCUMSTANCE. b. Payments shall be made upon submittal of a detailed monthly statement to the Contract Administrator. Invoices should be submitted within two weeks following the end of a billing period defined as a calendar month. c. Contractor shall maintain and keep current a daily report form that records all work performed by Contractor's personnel. Said report shall be in a form and content acceptable to the Contract Administrator and shall be submitted to the Contract Administrator concurrent with the monthly invoicing. The monthly payment will not be made until such report is received and deemed acceptable by the Contract Administrator. 2. ADDITIONAL WORK Additional or new alarm systems may be added (or removed) at the sole option of the City during the term of this Contract. The Contractor shall not claim forfeiture of agreement by reasons of such additions by the City. The amount of additional (or reduced) compensation paid to the Contractor for additional (or removed) systems shall be determined as follows: a. By unit prices or by a lump sum as mutually agreed upon by the City and the Contractor, or b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the Contractor of the materials and labor required and approved by the City for such 16 18 extra work, plus ten percent (10%) as compensation for all other items or profit and costs or expenses. 3. DECREASE IN WORK Alarm systems may be deleted from this Contract at the sole option of the City. The Contractor shall not claim forfeiture of Agreement by reasons of such decreases by the City. The amount of decreased compensation paid to the Contractor for decreased systems shall be determined as follows: a. By unit price or by lump sum as mutually agreed upon by the City and the Contractor, or b. If the parties cannot agree upon unit prices or a lump sum, then by actual net cost to the Contractor of the materials and labor required and approved by the City for such decreased work, less ten percent (10%) as compensation for all other items or profit and costs or expenses. 4. PARTS, MATERIALS AND LABOR ABOVE CONTRACT. The Contractor will invoice the City separately from the monthly or quarterly maintenance/monitoring charge for any labor, parts, materials and components used in the course of the Agreement that are above the base contract. The Contractor shall invoice the City at the contractor's cost for all parts and components (including smoke detectors) used in the course of the contract that are above the base contract, and at the Hourly Labor Rate as provided in the Bid Schedule. These shall be processed by separately issued Purchase Orders by the City to the Contractor. All system repair services must be approved by the City's Contract Administrator in writing in advance of the work being performed. Contract Administrator must approve the cost of repairs in advance and no changes shall be made without approval from the Contract Administrator. All materials and each part of detail of the work shall be subject to inspection by the Contract Administrator. The Contract Administrator or his designee shall be allowed to inspect all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. Failure to obtain written approval to make repairs or allow inspections by the City's Contract Administrator shall result in rejection of invoices and non-payment for unauthorized repairs PERFORMANCE: 1. TESTING. All Fire and Security systems shall be tested annually pursuant to NFPA- 72 regulations. The Contractor must submit a completed NFPA 72 Form per site with an Alarm Test Log, verifying that the required tests were performed, with his/her monthly statement. The Contractor may, with the City's approval, stagger the testing of systems so all systems are not being tested at the same time. The Contractor's invoice will not be processed without a completed NFPA 72 Form per site and Alarm Test Log. Testing includes Communication and all devices, including, but not limited to Strobes, Horns, Pull Stations, Smoke Detection and Flow Switches, etc. NFPA-72 testing protocols and procedures are to be followed. Note that the semi-annual testing of Fire Sprinkler and Chemical systems as per NFPA-72 requirements is NOT part of the scope of work of this contract and these tests will be performed by others. For any system where a proprietary manufacturer 17 19 requires their assistance and cooperation with the Contractor for the testing of their equipment, the City shall pay the proprietary manufacturer directly for their services. 2. MAINTENANCE. Maintenance of all systems shall be continuous. Maintenance shall include any needed parts or materials. 3. STATION MONITORING. The Contractor shall begin monitoring of all specified systems at the start of the Agreement. CONTRACTOR SHALL IMMEDIATELY CALL PALM SPRINGS POLICE DISPATCH AT 760-327-1441 WHEN ANY ALARM, EITHER FIRE OR SECURITY, IS ACTIVATED. CONTRACTOR MUST IDENTIFY TO THE POLICE DISPATCH WHICH TYPE OF ALARM HAS BEEN ACTIVATED, FIRE OR SECURITY, SO THAT OUR PUBLIC SAFETY UNITS RESPOND APPROPRIATELY. FALSE ALARMS THAT ARE VERIFIED BY THE CONTRACTOR ARE NOT TO BE REPORTED TO POLICE DISPATCH. 4. RESPONSE TIME. a. 'Trouble& Reset" Calls shall be defined as those calls requiring investigation and reset of a malfunction within the system. The Contractor shall respond to all trouble and reset calls within on (1) hour. b. Major Repairs shall be defined as repairs requiring the replacement of system components. The Contractor shall respond to major repair calls within twenty- four(24) hours. c. The Contractor shall supply and put in place "like" substitute equipment which cannot be repaired within twenty-four(24) hours. 5. LIQUIDATED DAMAGES: Liquidated Damages do not apply to this Contract. 18 20 BID SCHEDULE(IFS 1542)-REVISED-per ADDENDA#5 E THIS REVISED BID SCHEDULE MUST BE SUBMITTED WITH BID. DO NOT SUBMIT THE f ORIGINAL BID SCHEDULE OR THE REVISED SCHEDULE PROVIDED WITH ADDENDA#2. FAILURE TO SUBMIT THIS REVISED BID SCHEDULE WILL RENDER YOUR BID AS NOW RESPONSIVE. For ALARM MONITORING AND MAINTENANCE SERVICES UNIT PRICING PER LOCATION FOR FIRE DETECTION SYSTEMS Facility Panel Make B #of #of dio Annual Annual TOTAL Model Panels Devices r Testing Monitoring ANNUAL hone Cost Cost Cost Animal Shelter Hone ywell 1 54 Phone 2-q J 8s Gamewell 1700 City Hall Silent Knight 1 279 Phone 5820XL 2j4O City Yard Notifier rm 2 8 Radio ( Lf tb 39S Ome larm D6112 Convention Center Notifier 1 286 Phone Demuth Com, Silent Knight 1FP 1 43 Phone Y Center l O Q zY 0 3 ) Desert-Highland Firelite MS-5UD-3 1 10 Radio Center/ �� 2- (d 7b Desert sert Springs Simplex 4010-9101 1 17 Phone 3 a Leisure Silent Knight 1 83 Radio ' 0 3 r7 Center/Pavilion 5808 Libr Center Ademco 625 I 22 Phone I (oS- 3 w� Municipal Plant TBD 1 8 TBD (p J Palm Canyon Ademco Vista 1 16 Radio Theater 32F13 (05-- rye(b -3 aS Parkin Structun; Sim 1ex4010-1901 1 44 Phone I Oa 21Le J Plaza Theater Vigilant VSI 1 35 Radio (a -3 ZRF Police-Main Notitier4800 1 30 Radio (oS J Police-Dis tch Fi uench 1 4 Radio & r Police Com Auto-Pulse 1 4 Radio �—yd 30 SCC Building tex Morse 1 9 Radio J Sunrise Co-Gen Silent Knight 1 8 TBD Plant 5820XL WT 2WJ -3d Tahguitz-Golf Honeywell I 9 Radio Clubhouse 6S 'LYE 3u� Welwood Library TBD 1 24 Radio J y 7^05g9J 19 Revlsed:6/16/10 21 TOTAL COSTS $ $ $ SYSTEMSF t (r 1S s��� (6-7357 i UNIT PRICING PER LOCATION FOR SECURITY SYSTEMS s Facility Panel Make & #of fiof Radio Annual Annual TOTAL Model Panels Devices or Testing Monitoring ANNUAL Phone Cost Cost Cost Ai Panic 0 1 Radio z- d 0 CornelaWhiteHouse N RP1003 1 4 Radio 2<(p d Demuth Community Notifier 1 10 Phone Center (V Z, 3 e Demuth-Field-7&8 Notifier PCI832 1 q Radio Concession (�,S J 3tf- Desert Hi end Center Ademco 1 4 Phone 6 0 '3 dS Desert Hi land Cent Ademco I 4 Phone u S Edom Hill Ademoo Vista I 4 Radio 3�r Fire Trainin Ademco 1 3 Radio �' 0 3 p Leisure Center/Pavilion Hone e116150 1 I2 Radio (oS' Lib Center Ademco 4110DL 1 10 Phone "03 Plaza Theater Vi ilant 1 I0 Radio Police Sub-Station Ademco 1 2 Radio 6 Rudd 's Store Radionics l2 Radio School Buildi Radionics 3 12 Phone Stadium Ademoo 1 9 Radio Swim Center Ademco 1 4 Phane "'1 Tahquitz Creek Club Ademco 1 4 Phone House (05- 1 D sf 4 aC' Tahquitz Creek Pro Shop Ademco 1 3 Radio 65— d ? Tahquitz Creek Barn Ademco 1 3 Radio (pS B—YJ 70 Tahquitz Creek Ademco 1 2 Radio Maintenance &S J USOOffice Ademco I 16 Radio o0$7V ill Fest Office TBA 1 2 TBA 7+T Welwood Lib TBA 1 6 TBA d 30S TOTAL COSTS FOR S $ S ALL SECURITY (p40 b �S3 a SYSTEMS: GRAND TOTAL ANNUAL COST FOR TESTING AND MONITORING ALL FIRE AND SECURITY SYSTEMS= in numbers 17duVITEN —Ff(OOSFUJ7, TWJ 440M fa On- ,F74 written in words zo Rcvmd:6/16no 7^_0599.I 22 Normal Response,Regular Business Hours,Hourly Labor Rate(for work above base contract as per Compensation,Item 4)=$ fi.Y' /hour. / I Emergency Response,Weekends&Holidays, Hourly Labor Rate(for work above base contract as per Compensation, Item 4)=$ i 5 O /hour. Note: 7 (one) invoice for all Monitoring Fees billed monthly (the annual monitoring fee per location In the bid schedule divided by 12) listing each location monitored. Annual testing/inspection fees as per the bid schedule shall be billed monthly for those locations testedlinspected AFTER testing services have been completed (not in advance). It is acceptable to include both Monitoring and Testing Fees on one Invoice as long as they are clearly identified and itemized as per the Bid Schedule. PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL RENEWALS: I For the initial three (3) years of the Agreement tern, the Unit Pricing shall remain fixed. For optional years 4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor Statistic's Consumer Price Index (CPI) for the IA/Riverside/Anaheim region for the prior 12 month period effective on the anniversary date. Optional renewal years 4 and 5, and any associated CPI Increase,are at the mutual consent of the City and the Contractor. CHECK IF THE FOLLOWING STATEMENT APPLIES: Vl*"My firm/company is a Local Business(Licensed within the jurisdiction of the Coachella Valley).Copy of current business license from a lurisdiction within the Coachella Valley Is REQUIRED to be attached to this document In order to request the Local Preference Local Preference will NOT be applied or considered if you fail to comply with this requirement with the submission of your Bid. ADDENDA ACKNOWLEDGMENT: Acknowledgment of Receipt of any Addenda issued by the City for this IFB is required by including the acknowledgment with your Bid. Failure to acknowledge the Addenda Issued may result in your Bid being deemed non-responsive. - In the space provided below,please acknowledge receipt of each Addendum: Addendum(s)# _is/are hereby acknowledged. (Signatures): �t r Name of contractor submitting b' (/'t� M U f�f J�J Authorized signature f/ Printed name �� f,- U - X / [ �r- - Tine Address 7260�,,�RG,YF✓,4� 1yUyF Jo ) City,State,zip (�H Wfz-/,U6S /G4 T 2-2-6 L Teleptwne E-mail 21 Revised:6/16/10 7_0;9y.1 23 REFERENCES A minimum of three(t) references shall be submitted below with the bid, induding contact name and phone number,for projects of a similar scope to this Invitation for Bids. 1) Name of contractor or agency: D2`-Y+' oc1S15 Contact Person:gmmn 1N Ct(+Clrs Phone# -114D- 320 -881 N X. 1050 Brief description of•project geGµr" ,SSAS S d access ccrNimi a1- m 31.1-ink lC)CAREMS. i i I 2) Name of contractor or agency:Alauskas -E IYLS{f iu }t— Contact Person: rcTl nta CUir�CY Phone#-11QO -854 -38UD Brief description of project: Sectu-; s!4Mearnc OE ytdco sw'veillonce suAs'kems Ui- rnt�IF'» ltxcr4;ar�s 3) Name of contractor or agency: wMeY I r C(C Real Contact Person: GYCa woo kin Phone#IUD '-no -l0$01 . Brief description of project: Sc_ ulr� s+asleuns aA-- mt A4-i e_ locate"ms 17 22 Revised:6,,16/10 '±r599.I 24 CITY OF PALM SPRINGS,CALIFORNIA INVITATION FOR BIDS NO.15-02 AFFIDAVIT OF NON-COLLUSION i STATE OF CALIFORNIA ) ) SS COUNTY OF RIVERSIDE ) I The undersigned, being first duly sworn,deposes and says that he or she Is STf-VF. KA U F&2 of M the party making the foregoing bid. That the bid Is not made in the interests of, or on the befralf of, any undisclosed person, partnership company, association, organization, or corporation; that the bid Is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put In a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shag refrain from bidding; that the bidder has not in any manner,directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to any corporation, partnership, company, association, organization, bid depository,or any other member r agent thereof to effectuate a collusive or sham bid. By: Title -a V4 ll Subscribed and swom to before me this �a day of 6- ,�J.-a4� ,20// SEE ATTACHED Notary Public in and for said County and State FIDAVI.FRM 18 i pj Revi.d:6!16/10 720599.I 25 3 California Jurat Loose Certificate State of California County of Riverside Subscribed and sworn to (or affirmed)before me on this �� � day of 2014,by Proved to me on the basis of satisfactory evidence to be the person*who appeared before-me. OIAR!EA..KRbtit2 Igo MV CommIPW s 2089720 N Y Cxllxd7 RlvxeWa CwmY 16 (Seal) Signature Document Title:(Optional) 24 Revised:616/10 26 City of Palm Springs Fire Detection Systems—Details—Addendum#5 I Animal Shelter (1) Panel Garnewel17100 (1) Remote Annunciator 1 (6) Manual Pull Stations I (3) Smoke Detectors i (7)Duct Detectors (4) Strobe/Horns i (28)Fire Speaker Alarms I (4)Sprinkler Tamper/Flow City Hall (1)Panel Silent Knight 5820XL (2)Remote Annunciators 586OR (121Manual Pull Stations (175)Smoke Detectors (17)Heat detectors (4)Duct Detectors (66)Strobe and Horns j (2)Sprinkler Tamper/Flow (2) Halon Systems(monitored by main fire panel and serviced by others) (1) Moister Sensor System(monitored by main fire panel and serviced by others) City Yard (1)Panel Notifier 4800 (1)Panel Omegaiarm D6112 (5)Manual Pull Stations (2)Vibrating Bells (3)Smoke Detectors (2)Sprinkler Tamper/Flow Convention Center (1) Panel Notifier NFS-640 (3) Remote Annunciators (24)Manual Pull Station (6) Smoke Detectors (23)Supply Air Smoke Detectors (32)Return Air Smoke Detectors (10)Duct Detectors (23)Remote Indicators LED (85)Fire Speaker Alarms -(77)Horn/Strobes (1)KitchenChemical Hood System (2) Sprinkler Flow/tamper Demuth Community Center (1) Panel Silent Knight 1FP (10)Manual Pull Stations (24)Horns/Strobes (18)Smoke Detectors 25 Revised:6116/10 '_0599.1 27 Desert Highland Center/Gvm (1) Panel Fire-Ike (7) Smoke Detectors i (4)vibrating Bells (2)Sprinkler Tamper/Flow (1)Kitchen chemical hood f Desert Spdnas Hanger (1)Panel Simplex 4010-9101 - 1 (2)Manual Pull Stations j (2)SSD Photo Detector (6)Supervised IAM,(DENT i (2)Horn/Strobe i (2)10"vibrating Bail (3)Flow/Tamper/Indicator j Leisure Center/Pavilion (1) Control Panel - (2) Remote Annunciator (12)Manual Pull Stations (30)Smoke Detectors (3)Heat Detectors (33)Horn/Strobe (2)Tamper/Flow Ubrary (1) Panel Ademco 625 (18)Smoke Detectors (2)Manual Pull Stations (2) Vibrating Bells Municipal Plant (1) Panel(TBD) (4) Smoke Detectors (2) Manual Pulls (2) Stroba/Horns Palm Canyon Theater (1)Panel Ademco Vista 324B (4) Manual Pull Stations - (6) Smoke Detectors (4) Horns/Strobes (2) Tamper/Flow Parking Structure - (1) Simplex4O1O-1901 (2) Simplex Annunciator 2O81-9275 (3)Manual Pull Stations - (16)Smoke Detectors (6)Heat Detectors (3)Elevator Recall Relays (16)Horn/Strobe "_U59v.1 vis 26 Reed:6/16/10 . IL Plaza Theater j (1) Panel Vigilant VS1 (1) Remote Annunciator (4)Manual Pulls (8)Smoke Detectors (4)Duct Detectors (19)Horn/Strobe (2)Sprinkler Tamper/Flow Police Station (1) Panel Notifier4800 (23)Smoke Detectors (5)Vibrating Bell Devices (2)Sprinkler tamper and flow (?) Panel Fiquech-Halon (1) Panel Auto-Pulse Halon SCC Building (1) Optex MDC-16TX () Pull Stations Q Smoke Detectors O Sprinkler Tamper/Flow Sunrise (1) Panel Sllent Knigbt 5820XL (2) Manual Pull Stations (4) Smoke Detectors (2)Strobe/Horns Tahauitz Creek fClub House&Pro Shoo (1) Panel Honeywell (2) Manual Pull Stations (4)Smoke Detectors (2) Sprinkler Flow/Tamper (1) Chemical Kitchen Hood System Welwood Library (1) Panel(TBD) (2) Manual Pull Stations (6)Smoke Detectors (2)Sprinkler flow/Tamper 27 Revmd:6/16/[0 '20?99.1 29 i BIDDER'S GENERAL INFORMATION ALARM MONITORING AND MAINTENANCE SERVICES IFB 16-02 t 1 The Bidder shall furnish the following information. Failure to complete all Items will cause the i Bid to be non-responsive and may cause its rejection. 1. BIDDERICONTRACTOR'S Name and Street Address: r'Y/ A)Cl(rL I)rK. s,Fc✓R-/3 Azagon Z'J-ST—+-t 3`lUo R r%IA N J Ul r L 2.0 �i F)LM S /N6S Cam{- & 2. CONTRACTOR'S Telephone Number: ( ](G) -7 70--6"?`79 E Facsimile Number. (7ed 37 a-S' 3. CONTRACTOR'S License: Primary Classification C ( O State License Number(s) _ 7?qq Z3(p R-(.FLfUh 66 rK AqA r RC6 5705 Supplemental License Classification(s) YOU MUST ATTACH COPIES OF ALL LICENSES AS REQUIRED IN THE BID DOCUMENTS TO YOUR BID. I 4. "NOT APPLICABLE - PERFORMANCE AND PAYMENT BONDS_ WAIVED* Address SYFety-Gompan Tslef)hona Numbefs: Agent Su 5. Type of Contractor(Individual, Partnership or Corporation): te-W�"Jr�a7��a✓� 6. Corporation organized under the laws of the State of: �� wrq�n Lrr 7. List the names and addresses of the principal members of the contractor or names and titles of the principal officers of the corporation or contractor: win Vtc-p- nfee"Otna�f 19 28 Reviwdo 6i I6/10 "p91.I 30 i BIDDER'S GENERAL INFORMATION(Continued) 8. Number of years experience as a contractor in this specific type of work: 3 i I 9. List the name ar*-tiifle of the person who will supervise fuikime the proposed work for this project: D6-0 LCL L,-;L f Gn r c 1 10. Is full-time supervisor an employee contract service_1 11. A financial statement or other information and references sufficiently comprehensive to permit an appraisal of your current financial condition may be required by the City. `WAIVED` 20 29 ReAwd,6/16/10 J^_Q59Y. 31 T l ./yap ■` • a I -71 .1. I IS8l1E paTE I4'10PX _ VALID. IL A�'RIA;.gU 'dU4 -������M3i11i(5'FCIA�S`I'f! AI,�M SYSTEMS ` I !�if / 1 /� 1'v4� in'SiS/�III'"�i1Vy I!I jli 1V 3i x�Vq'- II i � � MaMtM CpMNMFIF aPIaIeB i 1. 41AIvN g4r6110 of Sa Ab. apd"'gImeatl tiyo'94fv1¢eY WeatSaerameato' CA 96798-8002 ' A TDh� 4OnA.� m 19161 91L2-40D0 'CERTIFQSATE ACA 5$ {, 3.1 I MANAGER' RECEIPT NO. 33450597 VALID _UNTIL JANUARY 31, 2016 LICENSE NO- ACO 5705 MAXIMUM SECURITY ALARM SYSTEMS ` STEVE CRAIG, KAUFER e 3700 TACHEVAH". DRIVE SUITE MO PALM SPRINGS CA 92262. „x 'n t3 INN : ry�t 0004A, 111 I ,� �` ��� I��i/� �• .,`�l� III r IIj �! n I V t !(� i�/ICI I ,� 7 ' " r ^IT��'€ �¢a4,y oN vtelysltr a6a`ihbsstlgf(t�d S'efNla�s! ' yaFvJy(�a4E9horctlxaupuaf as F n3:v P1Y goX,ege957 . 1 iV i.~ " J j .lgectSacramento CA 96798.90D¢ } (9161912=4000 . i11 RNI . m ' 1tATOR . F L•ICENSEi`NA. AC6 SY05` '.' VALIb UNTIL APRIL 30',` 2016` RECEIPT N0. 10211295 y F MAXIMUM SECURITY ALARM SYSTEMS , 3700 .TACHEVA1i DRIVE, SUIT E 'l!`120 PALM SPRINGS &A 92262 12VI4 121M4 - i . NON-TRANSFERAGLE POST' IN PUBLIC VIEN ----- - 'aTMCO 03/29/9a 30 Revi9eA:6/INIO %20s99_i 32 ` 1 CITY OF PALM SPKINGS BUSINESS LICENSE 3200 E TAHQUrM CANYON WAY,PALM:,SPRINGS,CA 92262 C760)323-8289 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. BUSINESS TYPE:NUMBER: ALARM - EXPIRATION TAR/ADMW.PEE CERT No BUSINESS TYPE: ALARM SYSTEMS. 04/30/2W5 OWNER NAME: XAUFSR(PRESIDENT),STEP& - 04/30/2015 454 200.000.0 0 4546 BUSINESS NAME: MAXIMUM SECURITY 04/30/2015 1.00 56160 BUSINESS ADDRESS: 3700 TACHEVAH DR F 120 ?A SF G3,CA9 Q MAXIMUM SECURITY POBOX 1566 IgSI, OF 7111F UCH�O MTFmnTa DBE fJCQ19R8 TO OPeRAIE OR MAINFARI A PALM SPRINGS CA 92263 R1/3R>�3w VI0uTnR1 aF ARrmR>�uw OROROINA 1H &NOFANWMORS1 l OF M ACn VD T NOR OF TRR A�S MUST BE POSH IN A CONSMCUOUSCAT" 31 Revised:6/16A0 7'01 9V, 33 f 1 State Of Calif mia W".CONTRACTORS STATE LICENSE BOARD c ACTIVE LICENSE -..,.799236 CORP CHECKMATE TELEPHONE EXCHANGE INCORPORATED DRA MAXIMUM SECURITY ALARM SYSTEMS ,.......w C70 o....M. 09/30l2015 Ww .c Ib.ca.gov I 32 Revised:6/16/10 7]0;9v.1 34 0 'ih jrgt. 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VALID UNTIL FEBRUAR:Y 28;.;21 RECEIPT NO. 23580051 _ ! 1 1 DAVID PAUL LA FRANCE t . a r<. tf V: ■ — NON—TRANSF ENABLE — POST IN PUBLIC VI EN — WIACn o]/ 35 Rmwd:6/16/10 7206911.1 37 i 36 Rc,i.d:6/16/10 38 EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests-(Separation of Insureds) j7 Revise:6/16/10 71o>ay.j 39 INSURANCE 1. Procurement and Maintenance of Insurance. CONTRACTOR shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from CONTRACTOR's performance under this Agreement. CONTRACTOR shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. CONTRACTOR shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of CONTRACTOR's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scone of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. Automobile liability insurance with limits of at least one million dollars ($1,000,000.00)per occurrence; 3. Professional liability (errors and omissions) insurance with limits of at least one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000) annual aggregate is: required is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If CONTRACTOR has no employees, CONTRACTOR shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, CONTRACTOR's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of CONTRACTOR's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees,agents, and volunteers. 3g Revised:V16,/10 .'U,99.i 40 4. Errors and Omissions Coverase. If Errors & Omissions Insurance is required, and if CONTRACTOR provides claims made professional liability insurance, CONTRACTOR shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement to cover claims made within three years of the completion of CONTRACTOR's services under this Agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount required by this Agreement for at least three years after completion of CONTRACTOR's services under this Agreement. CONTRACTOR shall also be required to provide evidence to City of the purchase of the required tail insurance or continuation of the professional liability policy. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better,unless otherwise acceptable to the City. 6. Verification of Coverase. CONTRACTOR shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require CONTRACTOR's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. " or 'for any and all work performed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract Na" or "for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. 39 Revised:6/16/10 ?3pi99.1 41 All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the CONTRACTOR's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City prior to commencing any work or services under this Agreement. At the option of the City, either (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its elected officials, officers, employees, agents, and volunteers; or (2) CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. Certificates of Insurance must include evidence of the amount of any deductible or self-insured retention under the policy. CONTRACTOR guarantees payment of all deductibles and self-insured retentions. S. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 40 Rwiud:6/16/10 720599.1 42 AMENDMENT NO. 1 CONTRACT SERVICES AGREEMENT, #6139 FIRE AND BURGLARY ALARM MONTIORING AND MAINTENANCE SERVICES THIS FIRST AMENDMENT to the Contract Services Agreement No. 6139 for fire and burglary alarm monitoring and maintenance services is made and entered into to be effective on the 1 st day of July,2014 by and between the City of Palm Springs, a California charter city and municipal corporation (hereinafter referred to as the "City"), and O'Linn Executive Security Services, a California Corporation, (hereinafter referred to as the "Contractor")(collectively, the "Parties"). RECITALS A. City and Contractor previously entered into a contract services agreement for fire and burglary alarm monitoring and maintenance services which was made and entered into on June 17, 2014 (the"Agreement") in the amount not to exceed $19,020 for one year, terminating on June 30, 2014. B. Section 4.4,"Term"allows forthe agreement to be extended by mutual written agreement of the Parties. C. City and Contractor Desire to amend the Agreement(Amendment#1)to extend the term of the contract forfive(5)months terminating on November 30,2014 at the monthly rate of$1,585 per month for a total increase of$7,925. (Amendment No. 2) NOW,THEREFORE,in consideration of the mutual promises and covenants contained herein,the Parties agree as follows: AGREEMENT 1. Section 4.4 "Term"of the Agreement is hereby amended as follows: "The term of the agreement is extended five (5) months terminating on November 30, 2014, but may be extended at the mutual written consent of the Contractor and the City". Section 3.1 "Compensation of CONTRACTOR"of the Agreement is hereby amended as follows: "The total amount of Compensation shall not exceed $26,945 ($1,585 per month for seventeen (17) months." 2. Full Force and Effect. This modifying Amendment is supplemental to the Agreement and is by reference made part of said Agreement. All of the terms, conditions, and provisions, thereof, unless specifically modified herein, shall continue in full force and effect. In the event of any conflict or inconsistency between the provisions of this Amendment and any provisions of the Agreement, the provisions of this Amendment shall in all respects govern and control. 3. Corporate Authority. The persons executing this Amendment on behalf of the Parties hereto warrant that(1) such party is duly organized and existing, (ii)they are duly authorized to execute and deliver this Amendment on behalf of said party,(iii)by so executing this Amendment,such party is formally bound to the provisions of this Amendment, and(iv)the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] 1 43 IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates stated below. ATTEST: "CITY" CITY OF PALM SPRINGS, CA. By By James Thompson, City Clerk David H. Ready, City Manager Date: Date: APPROVED AS TO FORM: By City Attorney Date: "CONTRACTOR" O'Linn Executive Security Services Date: By: Richard O'Linn — Owner Date: 2 44 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of __ I __ On before ma, CWo """" "— Here Nxrl Namea Tke Wd M. personally appeared Nmq{.i or sneenn who proved to me on the bass of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/theif auffarized capacity(ies),and that by histhediheir signatuie(s)on the instrument the person(s), or the a" upon behalf of which the person(s)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the loregotng paragraph Is true and correct. WITNESS my hand and official seal. auw Woun swum,. Signature srea.reallova ruhx _...--- OPTIONAL Though the mfwrmh'm below is not regwred by few.A may prove aaNecve to persons reyhry on ft domu t and wEdd Pr nl frauaden!remover and reattedrmery of this twm to another dpcument. Descilptlon of Attached Document Tllleorrypeof Dooument. Document Date: _. Number of Pages: Signer(s)Other Than Named Above: Cepecity(les)Clalmed by Signer(s) Signers Name:.. _. Signer's Name:__._._._. . . .___..__... Individual ❑Individual Corporate Officer—Title(s): r Corporate Otgoer—Title(s): U Partner—U limited U General 11,03M. C Partner—U Limited U General Lj Attorney in Fact t5 Attorney in Fact U Trust" Tep or tN b here i Trustee rood t� "M U Guardian or Conservalor U Guardian or Conservator - U Other.___..___._ GOther: _. Signer Is Representing: Signer Is Representing: u ONW NaMN�NcuryrrwotNNon.4%9o.9-jn raw.PA6n a�Rt.fJvrronn CA o,SrsaN2.w•wihVi.edlaNupup n-rt Yreo] Ameec Lei Tott.Rex lBroe�aB27 � 3 45