R06-024
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RESOLUTION NO. R- 06-0S.tl
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE "PIGGY-BACK" OF A PALM
BEACH COUNTY SCHOOL BOARD BID #05C-IOC
TO SIMPLEX GRINNELL OF MIRAMAR, FLORIDA
TO MONITOR AND REPAIR THE FIRE ALARM
SYSTEM AT VARIOUS LOCATIONS THOUGHOUT
THE CITY IN THE AMOUNT OF $28,098.49; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, upon recommendation of staff, it is the City's desire to enter into a
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Service Agreement with Simplex Grinnell, LLP of Miramar, Florida and "piggy-back" a
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Palm Beach County School Board Bid#OSC-IOC to monitor and repair the Fire Alarm
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System at various locations throughout the City in the amount of $28,098.49.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
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OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
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Section 1.
The foregoing "Whereas" clauses are hereby ra1ified and confirmed
21 as being true and correct and are hereby made a specific par1 of this Resolution upon
22 adoption.
23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
24 approves the Service Agreement with Simplex Grinnell, LLP of Miramar, Florida and
25 "piggy-back" a Palm Beach County School Board Bid#OSC-IOC to monitor and repair the
26 Fire Alarm System at various locations throughout the City in the amount of $28,098.49.
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Section 3.
That this Resolution shall become effective immediately.
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PASSED AND ADOPTED this II
day of January, 2006.
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ATTEST:
CITY OF BOYNTO BEACH, FLORIDA
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Commissioner
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Ro(, - O)'lf
AGREEMENT FOR
MONITORING AND REPAIR OF FIRE ALARM SYSTEM
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred
to as "the City", and Simplex Grinnell LP, hereinafter referred to as "the Contractor", in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Contractor is retained by the City to perform monitoring
and repair of Fire Alarm Systems at various locations throughout the City of Boynton Beach.
2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified on Exhibit
"A" attached hereto, including the provision of all labor, materials, equipment and supplies.
3. TIME FOR PERFORMANCE. Work under this contract shall commence upon the
execution of the Agreement by both parties. This Agreement shall be for a term of one (1)
year. The Agreement may be renewed for two (2) additional one (1) year terms upon the
execution of a written amendment to this Agreement.
4. PAYMENT. The Contractor shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Total annual Agreement price not to exceed Twenty-eight Thousand Ninety-eight and
49/100 Dollars ($28,098.49). See Exhibit "B" for rate schedule. The prices for services
shall be maintained at the same amount for any additional terms.
b. The Contractor may submit invoices to the City during the term of this Agreement. Such
invoices will be checked by the City, and upon approval thereof, payment will be made to
the Contractor in the amount approved.
c. Payment as provided in this section shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to
perform the work.
d. The Contractor's records and accounts pertammg to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after final payments. Copies shall be made available upon request.
5. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by
this Agreement, faithfully observe and comply with all federal, state and local laws,
ordinances and regulations that are applicable to the services to be rendered under this
agreement.
6. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its
offices, agents and employees, from and against any and all claims, losses or liability, or any
S:\CA\AGMTS\Simplex Grinnell Agmt.doc
portion thereof, including attorneys fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to Contractor's own employees, or damage to
property occasioned by a negligent act, omission or failure of the Contractor.
7. INSURANCE. The Contractor shall secure and maintain in force throughout the duration of
this Agreement insurance as described in Exhibit "C" which is attached hereto and
incorporated herein by reference.
Any insurance coverages required to be maintained pursuant to this Agreement shall name
the City of Boynton Beach as an additional named insured and shall include a provision
prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the
City. Certificates of coverage as required by this section shall be delivered to the City within
fifteen (15) days of execution of this agreement.
8. INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is
an independent contractor with respect to the services provided pursuant to this agreement.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. Neither Contractor nor any employee of Contractor
shall be entitled to any benefits accorded City employees by virtue of the services provided
under this agreement. The City shall not be responsible for withholding or otherwise
deducting federal income tax or social security or for contributing to the state industrial
insurance program, otherwise assuming the duties of an employer with respect to Contractor,
or any employee of Contractor.
9. COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he has not
employed or retained any company or person, other than a bonafide employee working solely
for the Contractor, to solicit or secure this contract, and that he has not paid or agreed to pay
any company or person, other than a bonafide employee working solely for the Contractor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the City shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
10. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by
it under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the selection
and retention of employees or procurement of materials or supplies.
11. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this
agreement without the express written consent ofthe City.
12. NON-WAIVER. Waiver by the City of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other provision.
13. TERMINATION.
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a. The City reserves the right to terminate this agreement at any time by giving thirty (30)
days written notice to the Contractor. The City shall pay contractor for all services
rendered up to the time of termination of this Agreement.
14. DISPUTES. Any dispute arising out of the terms or conditions of this agreement shall be
adjudicated within the courts of the State of Florida with venue being located in Palm Beach
County. Further, this agreement shall be construed under Florida Law.
15. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Attn:
Notices to Contractor shaH be sent to the following address:
16. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both City and Contractor.
DATED this _ day of
,2006.
CITY OF BOYNTON BEACH
SIMPLEX GRINNELL LP
Mayor
Contractor
Attest! Authenticated:
Title
(Corporate Seal)
City Clerk
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Approved as to Form:
Office of the City Attorney
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Attest! Authenticated:
Secretary
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Exhibit "A"
Scope of Services
Contractor shall provide annual certification, monitoring and maintenance services for
the City's fire alarm systems at the following locations:
Art Center, Commission Chambers, City Hall, City Hall East
Wing, Civic Center, Ezell Hester, Fire Stationsl, 3 and 4, Library, Parking
Garage, Pistol Range, Police Station, Public Works 1,2, 3 and 6, School
House Museum, Senior Center, Utilities Administration Building.
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Exhibit "B"
ADDITIONAL INFORMATION:
SimolexGrinnelllnstaller rate oer Y.. hour $32.50
SimplexGrinnell Weekend Installer rate $48.751 $97.50
oer Y.. hrl and hour
SimplexGrinnell Holiday Installer rate per $48.751 $97.50
Y.. hr and hour
SimDlexGrlnnell Technician rate oar Y.. hr $40.00
,
I SimplexGrinnell Weekend Technician rate $60.00 1 $120.00
, Der Y.. hr and hDur
SlmplexGrinnell Holiday Technician rate $60.00/$120.00
Der Y.. hr and hour
Parts discount fShi1olexGrinnell\ -15%
Qualitv I nstaller rate Der Y.. hour $29.00
Quality Weekend Installer rate per Y.. hr $34.00/$68.00
, and hour
Quality Holiday Installer rate per Y.. hr and $34.00/$68.00
hour
Qualltv Technician rate .oar Y.. hr $45.00
Quality Weekend Technician rate per Y.. $55.00 1 $115.00
hr and hour
Quality Holiday Technician rate per % hr $55.00/$115.00
and hour
Parts Discount IE.S.T. Edwards\ -25%
Parts Discount INotlfler\ -15%
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ATTACHMENT C
City of Boynton Beach
Risk Management Department
INSURANCE ADVISORY FORM
Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages
listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate ofInsurance listing
the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages
noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or
higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided
upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the
limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require
additional types of insurance, or to raise or lower the stated limits, based upon identified risk.)
TYPE (Occurrence Based Only)
MINIMUM LIMITS REOUIRED
General Liability
Commercial General Liability
Owners & Contractor's Protective (OCP)
Liquor Liability
Professional Liability
Employees & Officers
Pollution Liability
Asbestos Abatement
Lead Abatement
Broad Form Vendors
Premises Operations
Underground Explosion & Collapse
Products Completed Operations
Contractual
Independent Contractors
Broad Form Property Damage
Fire Legal Liability
General Aggregate
Products-Comp/Op Agg.
Personal & Adv. Injury
Each Occurrence
Fire Damage (anyone fire)
Med. Expense (anyone person)
Automobile Liability
Any Auto
All Owned Autos
Scheduled Autos
Hired Autos
Non-Owned Autos
PIP Basic
Intermodal
Combined Single Limit
Bodily Injury (per person)
Bodily Injury (per accident)
Property Damage
Trailer Interchange
Garage Liability
Any Auto
Garage Keepers Liability
Auto Only, Each Accident
Other Than Auto Only
Each Accident
Aggregate
Excess Liability
Umbrella Form
Each Occurrence
Aggregate
Worker's Compensation
Employer's Liability
Each Accident
Disease, Policy Limit
Disease Each Employee
Property
Homeowners Revocable Permit
Builder's Risk
Limits based on Project Cost
Other - As Risk Identified
INSURANCEADVISORYFORM04
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 1,000,000.00
$ 50,000.00
$ 5,000.00
$ 500,000.00
to be determined
to be determined
to be determined
$ 50,000.00
$ 1,000,000.00
$ 100,000.00
$ 1,000,000.00
$ 1,000,000.00
to be determined
to be determined
Statutory Limits
$ 100,000.00
$ 500,000.00
$ 100,000.00
$ 300,000.00
to be determined
Revised 10/2001
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CITY CLERK'S OFFICE
MEMORANDUM
TO:
Mary Munro
Assistant to Finance Director
DATE:
Judith A. Pyle
Deputy City Clerk
January 27,2006
FROM:
RE:
Simplex Grinnell LP Agreement
Attached is the original agreement for monitoring and repair of fire alarm system.
Please obtain contractor's signature and return the original to me. I will send you a
copy of the fully executed agreement after all signatures have been obtained.
If you have any questions please contact me.
Thank you.
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Attachment
S:\CC\WP\AFTER COMMISS10N\Departmental Transmittals\2005\Mary Munro ~ Shenandoah contract 8~16-05.doc