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HomeMy WebLinkAboutresolution.council.112-99 f'.. RESOLUTION #112 (Series of 1999) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND SIMPLEX TIME RECORDER INC., SETTING FORTH THE TERMS AND CONDITIONS REGARDING ALARM SYSTEM MONITORING ANDAUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Simplex Time Recorder, Inc. a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 ~ That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Simplex Time Recorder Inc., regarding alarm system monitoring agreement, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: A.j}~ /~ 19qf / [c .. Rachel E. Richar s, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the city of Aspen, Colorado, at a meeting held December 13, 1999. ~,Jk K. ryn~ Koch, City Clerk ~. , , r---. INSTRUCTIONS FOR COMPLETING SERVICE AGREEMENT CONTRACTOR: Include the full name of the Contractor, including the trade or business name, if any. (I.e. John P. Worcester d/b/a Worcester Fly Fishing, Inc.) If the Contractor has a Federal Identification Number, that number should be used; otherwise, use the Social Security number of the individual Contractor. This information may be needed to issue an IRS form 1099 for certain independent contractors. DESCRIPTION OF SERVICE: Describe in detail all service( s) which Contractor is being hired to perform pursuant to this Agreement. Add any matter which if the Contractor failed to perform would constitute a breach of the Agreement. (Location of services, qualifications of service provider, description of equipment to be provided or used in performance of service, warranties of end product or result, etc.) DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDED: ~ Describe in detail the general duration of the Agreement (i.e. June 10 thru Sept. 23, 1.992), followed by a description of hours of operation, days, number of sessions, time per session, etc. DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION: Review the provision for compensation in the General Conditions. Set out in detail agreement for compensation. (Hourly rate, unit rate, percent of fees, minimum/maximum compensation, method and manner of compensation if different than set forth in General Conditions, etc.) AMENDMENTS TO GENERAL CONDITIONS: Review the entire General Conditions with the Contractor, section by section. Use this space to explain in detail any amendments to the General Conditions mutually agreed to by the parties. Any other terms or conditions not set out anywhere else should be added in this section. (Equipment, materials, insurance, termination, contract monitoring, etc.) 1"""\, If any section of the Service Agreement does not provide enough space, use a separate piece of paper to complete and add the following to the section on the Service Agreement: "See attached for additional language. " 10 EXHIBIT "A" ,r". CITY OF ASPEN GENERAL CONDITIONS FOR SERVICE AGREEMENTS These General Conditions have been prepared by the City of Aspen to be incorporated by reference into Service Agreements entered into between service providers ("Contractor") and the City of Aspen ("City"). The provisions herein may be interrelated with standard provisions of the Service Agreement customarily used by the City of Aspen to contract for services. A change in one document may necessitate a change in the other. Any amendments to the following tenns and conditions mutually agreed to by the Contractor and the City shall be specifically noted on the Service Agreement. r", 1. Completion, Contractor shall commence the provision of services as described in the Service Agreement in a timely manner. Upon request of the City, Contractor shall submit, for the City's approval, a schedule for the perfonnance of Contractor's services which shall be adjusted as required. This schedule, when approved by the City, shall not, except for reasonable cause, be altered by the Contractor. 2. Payment. In consideration of the services provided, City shall pay Contractor the amounts set forth in the Service Agreement. Contractor shall submit,in timely fashion, invoices for services perfonned. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Contractor within ten days from receipt of the Contractor's billing. Contractor's invoice shall be for the period ending the last day of each month and submitted to the City no later than the 5th day of each month. 3. N on-Assignability. Both parties recognize that this contract is one for personal services and carmot be transferred, assigned, or sublet by either partY without prior written cOnsent of the other. Sub-Contracting, if authorized, shall not relieve the Contractor of any of the responsibilities or obligations under this agreement. Contractor shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractor's officers, agents and employees, each of whom shall, for this purpose be deemed to be arJ agent or employee of the Contractor to the extent of the subcontract. The City shall not be obligated to payor be liable for payment of any sums due which may be due to any subcontractor unless agreed to in writing beforehand by the City. 1"'"""', 4. Tennination. The Contractor or the City may tenninate this Agreement upon thirty (30) days notice, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the tennination. ~ The City shall have the right to terminate the Service Agreement upon three (3) days notice if Contractor fails to comply with the terms and conditions set forth in Sections 1, 3, 5, 6, 7, 10, 13, 14, 16, 19 or 21. For breach of any other term and condition of the Service Agreement, City may terminate the Service Agreement with ten (10) days prior notice to cure and failure by Contractor to so cure. No compensation shall be earned after the effective date of the termination. Notwithstanding the above, Contractor shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of set-off until such time as the exact amount of damages due the City from the Contractor may be determined. 5. Covenant Against Contingent Pees. The Contractor warrants that s/he has not been employed or retained any company or person, other than a bona fide employee working for the Contra~tor, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 6. Equipment, Materials and Supplies. Unless otherwise agreed to by the City, Contractor shall acquire, provide, maintain, and repair at Contractor's expense such equipment, materials, supplies, .etc., as necessary for the proper conduct of the services to be provided in accordance with the Service Agreement. ,r'\. 7. Contract Monitoring. Contractor agrees to allow City to reasonably monitor the services to be provided in accordance with the Service Agreement. 8. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall resu1t in, or be construed as establishing an employment relationship. Contractor shall be, and shall perform as, an independent contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Contractor shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Contractor. None of the benefits provided by City. to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Contractor. Contractor shall be solely and entirely responsible for its acts and for the acts of Contractor's agents, employees, servants and subcontractors during the performance of this contract. Contractor shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Contractor and/or Contractor's employees engaged in the performance of the services agreed to herein. !"'""\ 9. Indemnification. Contractor agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and 2 'r-. o o demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness;. disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any marmer connected with this Service Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act; omission, error, professional error, mistake, negligence, or other fault of the Contractor, any subcontractor of the Contractor, or any officer, employee, representative, or agent of the Contractor or of any subcontractor of the Contractor, or which arises out of any workmen's compensation claim of any employee of the Contractor or of any employee of any subcontractor of the Contractor. The Contractor agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Contractor, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. The Contractor also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged are groundless, false, or fraudulent. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fau1t of the City, its officers, or its employees, the City shall reimburse the Contractor for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 10. Contractor's Insurance. (a) Contractor agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 9 above. Such insurance shall be in addition to any other insurance requirements imposed by the Service Agreement or by law. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 9 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Contractor shall procure and maintain Workmen's Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under the Service Agreement, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workmen's Compensation requirements of this paragraph. (c) If the Service Agreement requires any insurance in addition to that referenced above at subsections (a) and (b), or a particular type of coverage, Contractor shall procure and maintain, and shall cause any subcontractor of the Contractor to procure and maintain, the minimum insurance coverages referenced in the Service Agreement. All insurance coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Contractor pursuant to Section 9 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 3 ("'""'\ (d) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Contractor. No additional insured endorsement to the policies required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under any policy required above. (e) The certificate of insurance provided by the City shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other fonn of certificate shall be used. The certificate shall identify the Service Agreement and shall provide that the coverages afforded .under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (f) Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may terminate the Service Agreement as provided by Section 4 above, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Contractor to City upon demand, or City may offset the cost of the premiums ~ against monies due to Contractor from City. (g) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (h) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protection provided by the Colorado Governmental Innnunity Act, Section 24-10-101 et seq., C.R.S. ,as from time to time amended, or otherwise available to City, its officers, or its employees. 11. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Contractor for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Contractor reasonable notice of any changes in its membership or participation in CIRSA. o 12. Waiver of Presumption. The Service Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be 4 made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Service Agreement. ~. 13. Certification Regarding Debarment, Suspension, Ineligibility, and V oluntarv Exclusion. Contractor certifies, by acceptance of the Service Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 14. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. o Contractor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommen- dation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Contractor represents that no official, officer, employee or representative of the City during the term of the Service Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in the Service Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of the Service Agreement. In addition to other emedies it amy have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to : 1. Cancel the Service Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Contractor, vendor, or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Contractor; and 4. Recover such value from the offending parties. 15. Termination for Defau1t or for Convenience of City. The services contemplated by the Service Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. o 5 "-..,, , (\ ~" 16. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If the Service Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, the Service Agreement shall be contingent upon the availability of those funds for payment pursuant to the tenus of the Service Agreement. 17. City Council Approval. If the Service Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 18. Notices. Any written notices as called for herein may be hand delivered or mailed by certified mail, return receipt requested to the respective person or address listed for the Contractor in the Service Agreement. 19. Non-Discrimination; penalty. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Contractor agrees to meet all of the requirements of City's municipal code, Section 13- 98, pertaining to non-discrimination in employment. . 20. City of Aspen Procurement Code. Notwithstanding anything to the contrary contained herein or in the Contract Documents, the Service Agreement shall be subject to the City of Aspen Procurement Code, Chapter 3 of the Aspen Municipal Code. 6 1""', 21. Compliance With All Laws and Regulations. Contractor shaH give all notices and comply with all laws, regulations, and ordinances applicable to the provision of the services contemplated by the Service Agreement. Contractor shall obtain all necessary business licenses and permits, and shall pay all requisite occupation taxes levied by the City of Aspen upon persons engaged in business within the City limits. 22. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of the Service Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Contractor to which the same may apply and, until complete performance by Contractor of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under the Service Agreement or by law despite any such forbearance or indulgence. 23. Execution of Service Agreement by City. The Service Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, the Service Agreement shall not be binding upon the City unless du1y executed by the City Manager of the City of Aspen (or a duly authorized official in his or her absence). !~ 24. Year 2000 Issues. Contractor hereby releases and holds City hannIess from any and aH c1aimsor causes of action relating to performance of this Agreement of any nature whatsoever in tort, contract, or otherwise, for any action, inaction or for loss or damage attributable to, resulting from, arising out of, or in connection with a year 2000 error. 25. General Terms. (a) It is agreed that neither the Service Agreement nor any of its terms, provIsIons, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of the Service Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. o (d) The Service Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. SERVICE AGREEMENT (""". THIS AGREEMENT made this t:1. day of fJEc~Nb'E;'f ,1992, by and between the City of Aspen ("City") and the Contractor identified hereinbelow. WITNESSETH, that whereas the City wishes to purchase the services described hereinbelow and Contractor wishes to provide said services to the City as specified herein. NOW THEREFORE, in consideration of the following covenants, the parties agree as follows: CONTRACTOR NAME' S//1;t?t.tE>'" T//"tE /f'EC.ARC~R ADDRESS, /o/99/r aI. h ~ AvE. F,e~""/:1Atf€ ?1Jt:; s"&,urE J G~/-//EA/;> t't!J 15~YLJ/ CON'rACT PERSON, # E" // ./ Yo /./ A.I 6 RCJA,;.? I PHONE NUMBERS HaMS:: WORK, (J~\j).;J7'? - 9 ?t66 SOCIAL SECURI'l'Y NUMBER OR FEDERAL I.D. NUMBER: DESCRIPTION OF SERVICE F/RE ALAR./'? NLJ/l//T4/€/A/1j' '7E~L//~~~ ./A./ A/7c-~"e ~.A'..A/cr A77A/?/V ~E>t/ r ~ AA./~ 5EA7b1/t'!./4/tf ai/TN' ~. DURATION OF AGREEMENT AND SCHEDULE OF SERVICES TO BE PROVIDD T'UI/) . OA/c YE/f/P.5' YE,-fA? d-' ./rH ",,:; T./t17M7' ;PE.Al~N/4./-.5 F.tJA2 T#;(!E"e;:- ~. DESCRIPTION OF AMOUNT, METHOD OR MANNER OF COMPENSATION PdY/'1~AJT:r APE r,!) <h'E h'/f.L7E Y.rd~L y AT' 7'#.zF A'Arr<" fer ~PT/I ./;f.} /fr~-"'.//..#&A/r ,g. P/1Yfl?.!'='A/~~ or/.) ~E JMA.t?E gy 7#e ./JE~A#:r/'o?"EAlr.7 /"~..e ~#./C'# r#E .5E;i?P/C~$ /fIH7E Ji}d?/)P/L7";:--~. Please invoice usinq City's Purchase Order Number: 8 o I""'"'" o AMENDMENTS TO GENERAL CONDITIONS If'E/'/ft?tf"A'A"h/">' /AJ cr /) ~ T// ~ .A'.v.:r7P ~/7 T/C ,t//ALE>(! 4'/ 7h'E /lA~"c? /.JF/r. S/t/?.LL (f)C~&I~ A;r r#<I!: $r-~/'{ t'F r/lE C~A/r"p/9C! r: The parties acknowledge and understand that this Service Agreement is, except as specifically amended hereinabove, subject to all of the terms and conditions set forth in the City of Aspen General Conditions for Service Agreements, a copy of which is appended hereto as Appendix "A" and by this reference made a part hereof. Having agreed to the above and foregoing, the parties hereto do affIx their signatures. City of Aspen: By: ~ tI-/.!-.--L By: Title: S!C,s:.,G"" Serv-98!.doc 9 . A/'r/l?";V/'?E/V'T A REQUEST FOR BIDS o Sealed bids will be received at 130 South Galena Street, Aspen, Colorado, until November 29, 1999, at 3:00 pm, at which time the bids will be opened and reviewed, for the following City of Aspen project: Alarm systems service contract and monitoring service for the following systems: City Hall, 130 South Galena Street, Aspen, Colorado o 1 Control panel 9 Pull stations 8 Horn/strobes 5 Waterflow switches 22 Smoke detectors 1 Sprinkler system Aspen City Streets Shops, 1080 Power Plant Road, Aspen, Colorado 1 Control panel 5 Pull stations 2 Horn/strobes 2 Strobes 1 Annunciator 1 Waterflow switch 2 Duct smoke detectors 1 Sprinkler system City of Aspen Parking Garage, 435 E. Rio Grande, Aspen, Colorado 1 Control panel 6 Pull stations 5 Horns 1 Annunciator 5 Waterflow switches 7 Tamper switches 10 Smoke detectors 1 Duct smoke detector 2 Heat detectors 1 Sprinkler system Aspen Ice Garden, 233 W. Hyman, Aspen, .Colorado .~. 1 Control panel 7 Pull stations 6 Horn/strobes 2 Strobes 9 Smoke detectors 9 Heat detectors 1 Annunciator 1 Security panel ("'\ Wheeler Opera House, 320 E. Hyman, Aspen, Colorado 1 Operator interface panel 1 Remote command center w/ audio 18 Pull stations 12 Horn/strobes 24 Strobes 6 Waterflow switch 19 Supervised lAM 6 Addressible ZAM 2 Gas detectors 20 Truealarm smoke sensors 2 Heat detector 24 Analog heat sensors 1 Sprinkler system Red Brick School Building, 110 E. Hallam, Aspen, Colorado 1 Control panel 18 Pull stations 9 Horn/strobes 4 Strobes 1 Waterflow switch 22 Smoke detectors 8 Heat detectors 1 Sprinkler system ~ Yellow Brick School Building, 215 N. Garmisch, Aspen, Colorado 1 Control panel 8 Pull stations 8 Horn/strobes 3 Horns 3 Bells 1 Waterflow switch 19 Smoke detectors 4 Heat detectors 1 Sprinkler system Parks Department,585 Cemetary Lane r-\ , 5 Heat detectors 19 Smoke detectors 3 Pull Stations 2 Sprinkler systems 1 Low Air 2 Valve Tampers The project will include, but is not limited to: 1 100% annual inspection and functional/diagnostic testing of panel functions, auxiliary/monitoring functions, and all accessible peripheral devices listed and currently on line with 2 f" the facility life/safety system. Tests will be schequled in advance and at the convenience of City staff. Functional testing shall be in accordance with NFPA 72. All accessible peripheral devised will be functionally tested. Smoke detectors will be functionally tested using a smoke generator, punk stick, or other method acceptable to the manufacturer. ~ Canned Smoke~ will not be used for this task. Accessible smoke detection devices will be cleaned utilizing manufacturer's recommended procedures. Devices may be dismantled to expose the smoke chamber (where applicable) and cleaned prior . to sensitivity testing using a soft cloth, lint brush, or non- electrostatic vacuum. Devices will be cleaned at the rate of 100% per year. r- Sensitivity testing will be performed on smoke detectors per NFPA. Testing will be performed using only UL approved sensitivity testing equipment. Devices performing outside the listed sensitivity range will be recleaned, and, if necessary, noted and recommended for replacement. Devices will be tested at the rate of 100% per year. All .accessible components and devices will be logged for: Exact location; test results/applicable voltage readings; any discrepancies noted, recommended for correction, and any corrections made on the site. Documentation will be provided to the City Risk Manager and the manager of each facility. Emergency service calls shall be provided at no additional cost during normal working hours (Monday-Friday, 8-5). Response time for environmental or emergency situation will be within forty- eight (48) hours. Component rep~acement on the central processing unit will include reprogramming of the system due to failure, replacement of circuit boards, and all components in the control panels, annunciator panels, transponders, printers, keyboards, monitors, and peripheral devices (smoke detectors, pull stations, audible/visible units, door contacts, etc.) associated with the system shall be provided to the City at no additional cost. This provision shall include.the cost of labor to install components, travel and mileage charges for service calls for listed equipment. Service shall also include an annual waterflow and tamper switch test. ~, With regard to monitoring services, contractor shall certify that it is DL listed. Contractor shall also provide proof of backup monitoring by another central station in the event of a malfunction at its primary location. Monitoring services for the Wheeler Opera House shall include the capability to alert 3 r--.. r", I~ designated staff of the type of alarm and the s~ecific alarm address. All costs associated with any equipment changes necessitated by the award of the contract will be the responsibility of the contractor. . Total cost of the contract shall be apportioned among the facilities and billed separately to that facility. Monitoring charges shall also be billed directly to the facility for which service is provided. Copies of all bills shall be sent to the City of Aspen Asset Manager. The term of the contract shall be for one (2) years, January 1, 2000, through December 31, 2002, renewable for three (3) additional one (1) year terms. The City reserves the right to reject any or all bids or accept what is, in its judgment, the bid which is in the City's best interest. The City further reserves the right in the best interests of the City, to waive any technical defects or irregularities in any and all bids submitted. Bids shsll be evaluated with the assistance of the Fire Marshall. The bid must be placed in an envelope securely sealed therein and labeled:~ Bid for City of Aspen Alarm Systems~, and delivered to the City Clerk at 130 S. Galena, Aspen, CO 81611. Bidders are encouraged to visit each site prior to bidding. The successful bidder must be willing to enter a standard City of Aspen contract for services. Bids shall be broken down by site and by year for five years, with totals shown for each year. All bidders MUST submit a list of their current clients, their qualifications and levels of certification and training. Discussion may be conducted with responsible offerors who submit bids determined to be reasonably susceptible of being selected for award for purpose of classification to assure full understanding of, and responsiveness to 'the solicitation requirements. BY ORDER OF THE CITY OF ASPEN, COLORADO By:d~_ Ed Sadler Asset Manager .4 r:J.Simplex By and Between Simplex Time Recorder and 14998 W. 6fn Ave. Frontage Road Simplex Suite 600 Golden, CO 80401 (303) 277-9766 Proposal No. Date Customer No. 419-F-0010 October 1, 1997 419 3€le3 City of Aspen 130 S. Galena Aspen, CO. 81611-1902 Attn: Peggy Carlson Phone: (970) 379Y6656 S~86I')l.Idl!tBs~~st:ed at the following location(s): Wheeler Opera House City Shopsl Yellow Brick Red Brick Building Aspen Ice Garden Aspen City Hall Rio Grande Parking Garage Parks Department Simplex shall perform according to the terms and conditions on the pages that are attached and listed below: Type of Service: Life Safety Service Agreement f""'. -1-100% Annual System Test and Inspections - Smoke Detector Cleaningl Sensitivity Testing - Standard Emerg. Servicel Complete Parts Coverage - Complete Documentation and Recommendations - Customer Assisted Visits/Informal Training - Other Services Included in this Agreement (See "Special Provisions" pages for details) Price: All for the total annual sum of: Sixteen Thousand Two Hundred and Eighty One Dol/ars . (16,281.00) Monitoring of Facilities- (2,928.00) Annual Increase from Year 199~1.697.00 Upgrades to Agreement. Park Department The Customer agrees to purchase, and Simplex agrees to provide the services identified in this Agreement subject to management approval and continuance of credit approval by Simplex. No waiver, change, or modification of any terms or conditions of this Agreement shall be binding on Simplex unless made in writing and signed by an officer or authorized manager of Simplex. The terms on the reverse side are part of this Agreement, and are hereby accepted by the undersigned. Simplex Time Recorder Co. By HeiEli DaFSey YOllng Title Service Sales Repl'esel'1tative Approved For Simplex By Title Mar:k MllSgro'l~ 6ranch Service Manager (\ . Customer By Title Date P.O. Number Service That's Always A Step' ~head 410-F-0010 /~.Simplex Fire Alarm and Security System Services Simplex will test and inspect the Fire Alarm and/or Security System described in the attached list of equipment and/or on the following system drawings: (See list of equipment) . Testing and Inspection Testing Intervals: 1-100% Annual Each inspection call will be scheduied by Simpiex so that all tasks are performed using properly trained technicians and the special tools and Instrumentation required to analyze the system to maintain its proper performance. Simpiex will perform prescheduied test(s) on equipment listed. Simplex will provide the Customer with a report that such tests have been compieted. Predictive Maintenance r-implex will analyze equipment covered under this Agreement to detect potential failures. If corrective actions are found necessary, repair ,1arges will be submitted for Customer's approval. Component Replacement Simplex will replace or repair failed components and parts that are covered under this Agreement. Simplex will also repair components that are approaching the faiiing point. Emergency Service All of the above procedures are designed to reduce the requirement for emergency services. If required, Simplex will provide emergency service to provide minimum system downtime. ",.--.\ ( Service That's ~tdg ---Ahead 419 - F - 0010 f', THIS IS A TRUE FULL SERVICE AGREEMENTWITH THE FOLLOWING PROVISIONS: 1. TEST AND INSPECTION SERVICES: Under this agreement, Simplex factory trained technicians will perfonn 1-100% annual inspections and functionall diagnostic tests of panel flJnctions,auxiliaryl monitoring functions, and all accessible peripheral devices listed and currently on-line with the facility Life Safety system. Tests will be scheduled in advance, and at the convenience of customer's staff. Simplex technicians will need the assistance from customer's staff for access to all areas of the facility in order to locate devices and ensure efficient transition between areas. (See "List of Equipment' page for equipment to be tested) Note: If equipment or devices are out of reasonable reach, customer will need to provide safe access (I.e. Scaffolding, mechanical lift, ladders, etc.). If requested In advance, Simplex can provide this equipment for an additional cost. 181 CUSTOMER ASSISTED INSPECTIONS: Under this aggrement provision, customer has agreed to provide at least one (1) able-bodied personnel to assist Simplex technicians for the duration of the visit. During this visit, customer's personnel will receive informal, hands-on training on basic system functions, and proper inspection procedures. FUNCTIONAL TESTING: In accordance with NFPA 72, all accessible peripheral devices will be functionally tested. Smoke detectors will be functionally tested using a smoke generator, punk stick, or other method acceptable to the manufacturer. "Canned Smoke" will not be used for this task, per manufacturer's recommendations. /'"""" DETECTOR CLEANING: To help minimize false alarms, accessible smoke detection devices will be cleaned utilizing manufacturer's recommended procedures. Devices may be dismantled to expose the smoke chamber (where applicable) and cleaned prior to sensitivity testing using soft cloth, lint brush, or non-electrostatic vacuum. Devices will be cleaned at a rate of: 50% Per Year (Note: Certain types of analog smoke sensors will be oIeaned as needed per panel readings.) SENSITIVITY TESTING: To ensure accuracy, sensitivity testing will be performed on smoke detectors per NFPA. Testing will be performed using only UL approved sensitivity testing equipment. Devices performing outside the listed sensitivity range will be re-cleaned and re-tested, and if necessary, noted and recommended for replacement. Devices will be tested at a rate of: 50% Per Year (Note: Certain types of analog smoke sensors automatically satisfy this requirement electronically,) " DOCUMENTATION: All accessible components and devices will be logged for: . Exact location . Test results/applicable voltage readings . Any discrepancies noted, recommendations for correction, and any corrections made on site Documentation will be provided to the customer. Copies will be kept on file by the Simplex branch office for five years. 3. Certain services may be required .by the respective Authorities Having Jurisdiction (ref. NFPA 72). It is recommended that the customer review applicable codes and references to ensure compliance. ~ &@5implex Adv-0689 419-F-0010 ~. ! ADDIT/ONALL Y, THIS AGREEMENT PROVIDES FOR THE FOLLOWING: 4. EMERGENCY SERVICE: This agreement provides for emergency service calls at no additional cost. ~ Standard Service- Provided during normal WOrking hours (Mon- Fri, 8am - 5pm, excluding hOlidays) o 24 hr/7 day Service- Provided 24hrs/ day, 7 daysl week, including holidays. This provision includes Labor, travel, and mileage charges for repairs associated with normal equipment failures. (see Emergency Service Exclusions). This provision covers labor to troubleshoot and diagnose system problems, and to replace panel components and failed peripheral devices (Le. smoke detectors, pull stations, homs, strobes, etc.). Note: With Standard Emergency service. customer is invoiced at standard (nonnal working hrs) labor rate for billable after hours service calls. 5; COMPLETE PARTS/ COMPONENT REPLACEMENT: Additionally, this agreement covers component replacement on the central processing unit, to include reprogramming of system due to failure, replacement of circuit boards, and all components in the control panels, annunciator panels, transponders, printers, keyboards monitors, and peripheral devices(smoke detectors, pull stations, audible/ visible units, door contacts, etc.) associated with system. This provision includes the cost of labor to install components, travel and mileage charges for service calls. Provision covers only equipment listed. Replacement of faulty wiring is not covered. (See exclusions) o BATTERY REPLACEMENT INCLUDED ~ N/A ;---.. , . 6. OTHER SERVICES INCLUDED: (The provisions listed above may not apply to the following services.) o NlA ~ AUTOMATIC SPRINKLER - 0 Annual complete test of listed sprinkler system per NFPA ~ Annual waterflow and tamper switch test ~ Annual electrical test only (no water will be flowed) o NlA ~ SECURITY SYSTEM - Annual test and of listed security system equipment and functions. o Includes emergency service ~ NO o Includes panel parts replacement ~ NO o Includes peripheral replacement ~ NO 7. OTHER SPECIFIC INSTRUCTIONS: ~ NlA 0 Quarterly Circuit (Zone) Test for compliance with the Joint Commission for Accredited Hospitals. (Each system circuit (zone) will be tested electronically, or by testing peripheral devices in the field) ~ N/A 0 Semi-Annual Manual Pull Station Test (required by some Authorities Having Jurisdiction) '~. S@Simplex Mv-06S9 419 - F .0010 City of Aspen ~!!'~"'"'-- Service That's Alwa)6 A Step' ----Ahead. List of Equipment QTY. EQUIPMENT SERIAL NO. MANUFACTURER DESCRIPTION/LOCATION COVERAGE CODE Asper City Halll 1 Fireltte Control Panel F 9 Pull Stations F 8 Horn Strobes F 5 Waterfllow Switches F 22 Smoke Detectors F 1 Tamper Switch T Aspe Ice Garden 1 4001 Simplex Control Panel F 7 Pull stations F 6 Horn strobes F 2. Strobes F 9 Smoke Detectors F 9 Heat Detectors F ,1 Annunciator Panel F 1 Dialer F Cityl hops 1 4001 Simplex Control Panel F 5 Pull Stations F 2. Horn strobes F 2. Strobes F . Annunciator Panel F 1 1 Waterflow Switch F 2. Duct Detectors F 1 Tamper Switch T 1 Dialer F r I. I rJ.Simplex Service That's AIwa)6 A Step' --Ahead List of Equipment QTY. EQUIPMENT SERIAL NO. MANUFACTURER DESCRIPTION/LOCATION COVERAGE CODE RedE rick Buillding 1 4002 Simplex Control Panel F 18 Pull Stations F 9 Hom Strobes F 4 Strobes F 1 Waterflow Switch F 22 Smoke Detectors F 8 Heat Detectors F 1 Tamper Switch T 1 Dialer F RioG ande Parking Garag 1 4002-8001 Simplex Control Panel F 6 Pull Station F 5 Hom F 1 Annunciator Panel F 5 Waterflow Switch F 7 Tamper Switch T 10 Smoke Detectors F 1 Duct Detector F 2 Heat Detectors F 1 Dialer F Whe ler Opera House 1 4100 Simplex Control Panel F 18 Pull Stations F 12 Hom Strobes F 24 strobes F 6 Waterflow Switch F 19 lams F 2 Gas Detectors F 20 True Alann Smokes F 2 Heat Detectors F 24 Analog Heat Detectors F 1 Dialer F 1 Tamper Switch T ,,- '. I '~.Simplex Service Thats Always A Step. --Ahead. List of Equipment QTY. EQUIPMENT SERIAL NO. MANUFACTURER DESCRIPTION/LOCATION COVERAGE Asper Yellow Brick CODE 1 4001 Simplex Fire A1ann Control Panel F 8 Simplex Horn strobes F 8 Simplex Manual Pull Stations F 3 Horns Aspe Parks Department 1 Fire A1ann Control Panel F 5 Heat Detectors F 19 Smoke Detectors F 3 Manual Pull Stations F 2 . Sprinkler Systems F 1 Low Air F 2 Valve Tampers F "\ . r- .' 0' r, o ""., ,. .. - ' .., ~ ~ . ./.. - .. "'.~ .0 DEe 07 '99 01:29PM SIMPLEX DENVER P.2 /lTUt'lInE/l/r ,{] CITY OF ASPEN Full Coverage Monitoring LaborlDiaJer Total/Contract only Cily Shops $913 $336 N/A $1,249 . Red Brick $2,295 $336 N/A $2,631 Aspen Ice Gsrden - $1,140 $456.. N/A $1,596 Rio Grande Puking,Garage $1,865 5336 N/A 52,201 City Hall . 52,218 $336 -C N/A $20554 Wbeeler Opera HouK $4,435 $456 N/A $4,891 . . , Yellow Brick .. 51,173. . 5336 N/A 51,509 . ParksD~ 52,Z42 5336 N/A $2,578 Totals 514,SlU 52,592 N/A 519,209 " .' '."