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HomeMy WebLinkAboutbocc.con.amended.234.20 B8/30/2021 CDD Contract Information Contract Number Project Name Contractor Budget Line Item Various Procurement Method: Type: Contract Start Date Contract End Date Contract Type Retainage If this is a new contractor, please enter the New Vendor information into Munis for workflow approval. Contact Information: Department County Representative Jay Clark County Representative Phone (970) 309-7334 Provide a brief description of the Contract or Change Order: Contract Value Summary: $ 38,588.58 $ 39,009.00 $ 39,009.00 $ 116,606.58 234.20 B Pitkin County Procurement Cover Sheet Please complete the Contract Cover Sheet when the contract/task order is complete and fully executed. Return all Contract Cover Sheets and Contracts/Change Orders/Amendments/Task Orders to Procurement No Security and Access Control Software and Maintenance Integrated Security & Communication of New Jersey $ 39,009.00 Additional Budget Line Item(s) (Please fully allocate New Contract Total) $ - $ - $ - $ 39,009.00 Sole Source Services/Maintenance 1/1/2021 12/31/2023 Change Order/Contract Amendment Facilities One (1) year extension of contract to new expiration date of 12/31/2023. Allocation of $39,009.00 for 2023 term. Original Contract Amount Previous Change Order/Amendment Amount This Change order/Amendment amount Contract Total Contract #: 234.20 Rev. 2018.06.13 btf Budget Line Item #: Various *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 1 CHANGE ORDER / CONTRACT AMENDMENT Change Order Number: 234.20 B OWNER: Pitkin County, Colorado 530 E. Main St., Suite #302 Aspen, CO 81611 CONTRACTOR: Integrated Security & Communications 102B Rike Drive Millstone, NJ 08535 The Provision of Security and Access Control Software and Maintenance Services (the “Contract”) dated December 30, 2020 between the Board of County Commissioners of Pitkin County, Colorado (the “County”) and Integrated Security & Communications (the “Contractor”), is hereby amended as follows: Description of Change: 1. Extension of the Contract term for an additional one (1) year term beginning 1/1/2023 and expiring 12/31/2023. 2. Additional funding of Thirty-Nine Thousand Nine dollars and Zero cents ($39,009.00) is allocated to the Contract for provision of the service described in the attached Contractor proposal (“Attachment A”) and for continued Facility Maintenance pursuant to the terms of the Contract. Reason for Change: Extension and allocation of additional funding in the amount of $39,009.00 for the term beginning 1/1/2023 through 12/31/2023. Original Contract Amount $ 38,588.58 Previous Change Order/Amendment Amount $ 39,009.00 This Change Order/Amendment Amount $ 39,009.00 New Contract Total $ 116,606.58 Contract #: 234.20 Rev. 2018.06.13 btf Budget Line Item #: Various *Increases over $25,000 and/or 10% (single increase or accumulative) of original contract must have County Manager signature. 2 In all other respects, the Contract is in full force and effect and remains unchanged by this Amendment. INTEGRATED SECURITY & COMMUNICATIONS ________________________________________________ !#VENDOR SIGNATURE#! Date PITKIN COUNTY, COLORADO _________________________________________________ !#DEPARTMENT REPRESENTATIVE#! Date Jan-24-2023 Facilities operation Jay Clark Jan-25-2023 President John Vidalis   “Providing Solutions…That Fit” Proposal /Agreement PROPOSAL:7222-1-0 Pitkin County -Vanderbilt SMA Renewal Pitkin County PREPARED FOR: Jodi Smith Pitkin County ,Unit 101 Aspen,CO 81611 jodi.smith@pitkincounty.com PREPARED BY: Jacob Coretti Sales Integrated Security &Communications 102B Rike Drive Millstone,New J 08535 - - jcoretti@isc-world.com PROPOSAL ISSUED: 12/15/2022 PROPOSAL VALID TO: 2/13/2023 Proposal Number:7222-1-0 Proposal Date:December 15,2022   Page 2 of 7     CUSTOMER INFORMATION SITE ADDRESS BILLING ADDRESS CONTACT INFORMATION Pitkin County 485 Rio Grande Place Aspen,CO 81611 Pitkin County 485 Rio Grande Place,Unit 101 Aspen,CO 81611 Jodi Smith ,Unit 101 Aspen,CO 81611 (970)-920-5396 jodi.smith@pitkincounty.com   SCOPE OF WORK Integrated Security &Communications (ISC)is providing a box sale for the Software Maintenance Agreement (SMA)with  Vanderbilt for the SMS System at Pitkin County,CO. -This quote includes no labor and is valid until 12/30/22. Proposal Number:7222-1-0 Proposal Date:December 15,2022   Page 3 of 7     PROJECT ESTIMATE    Estimate QTY Manufacturer Part #Description Ext.Price 1 Vanderbilt VAN-V-EU- MNT-SFT-10 Vanderbilt Software Maintenance Agreement for 10 Users $9,009.00   Proposal Number:7222-1-0 Proposal Date:December 15,2022   Page 4 of 7   Financial Summary: Proposal is based on a Lump-Sum Project Value with costs not to exceed $9,009.00 Plus Applicable Tax.   Compensation Matrix:6306.30 Payment Schedule:6306.302702.70 Total Equipment $9,009.00  Deposit Due Prior to Commencement Balance Due Based on Agreed Terms $2,702.70 $6,306.30 Total Miscellaneous Items   Total Proposal Amount $9,009.00  Note:The above price does not include tax We thank you for the opportunity and look forward to delivering beyond your expectations. If you have any questions or require any clarifications,please reach me at your earliest convenience.   Regards, Jacob Coretti Integrated Security &Communications   Client Proposal Acceptance  Pitkin County  Integrated Security &Communications  ISCP_SIGN_1_1 ISCP_DATE_1_1   ISCP_SIGN_2_1 ISCP_DATE_2_1 Authorized Client Signature                                Date  ISC Authorized Signature                                 Date ISCP_TEXT_1_1  ISCP_TEXT_2_1 Printed Name  Printed Name  ISCP_TEXT_1_2   ISCP_TEXT_2_2 Title  Title  ISCP_TEXT_1_3    PO Number (if applicable)     The above persons represent that they are authorized to sign and execute this binding agreement.This acceptance indicates understanding of the complete proposal, including clarifications,design,programming,drawings,ownership and software licenses and the Terms and Conditions outlined below.This system proposal is intended toprovide the clientpartial protection of the designated premises.Its design shouldbe understood to represent acompromise between the costs,understood scope of work,and customer feedback. Accordingly,such a system may not provide ample protection from all possible threats,and Integrated Security & Communications shall not beresponsible in such anevent.      Proposal Number:7222-1-0 Proposal Date:December 15,2022   STANDARD TERMS AND CONDITIONS   1.Payment for Services. The Parties have entered into a Contract/Proposal Agreement/MSA (“Contract”)of even date setting forth the scope of work (“Work”)by Integrated Security &Communications (“ISC”). To the extent there is a conflict between the Contract/Proposal Agreement/MSA and this Standard Terms and Conditions,the Standard Terms and Conditions shall control.   A.Unless otherwise specified in writing,Client agrees to the following payment schedule:Initial Thirty (30%)percent mobilization deposit invoice due upon receipt or prior to resource allocation,procurement or work commencing on Site.A Twenty (20%)percent invoice upon equipment delivery and commencement of work on Site.Forty (40%)will be progress invoiced through completion of the Work. Ten (10%)will be final invoiced at completion and acceptance which will be based upon beneficial use. Terms are Net30. A discount of two (2%)percent shall be applied to payments received Net10. All late payments are subject to processing late fees and a 1.5%monthly Interest charge or the maximum permitted by law.   B.Any stated or collected Sales /Use tax by ISC is an estimate,the Client is responsible for remittance of any required Sales /Use tax applicable to the agreement.It is the responsibility of the Client to identify the proper tax rate and/or any tax exemption status certificates.All tax rates and totals should be listed on the formal purchase order for each order.   C.Payment must be remitted by ACH,Wire or Check and must be made payable to Integrated Security &Communications.All Payments unless otherwise agreed are in US Dollars.Under no circumstances may the Client make payments directly to any subcontractor,material supplier,laborer,or any other person performing work or furnishing material under the Agreement without the prior written consent of ISC. 2.Limited Warranty;Exclusions and Disclaimers.   A.To the extent not otherwise warranted pursuant to an applicable manufacturer’s warranty,ISC warrants all equipment and installation labor rendered as part of the Work against defects in materials and labor for a period of twelve (12)months (the 'Warranty Period')from the date of substantial completion of the installation;provided,however,no warranty is made as to,and there is specifically excluded from the warranty,any and all expendable supplies,equipment and parts,or any portions of the Work which have been misused,abused, not used in the manner intended,neglected,or damaged by an act of God or altered,modified,or manipulated in any manner by Client or a third party. The system will be considered substantially completed at the time which the client receives beneficial use of the system or is able to receive beneficial use of the system. Any defect in the installation during the Warranty Period will be repaired or replaced at the option of ISC.Any shipping charges in connection with a repair or replacement shall be the responsibility of Client. The repair or replacement shall constitute Client's sole remedy against ISC.   B.ISC makes no other or further warranty with respect to installation labor,materials and equipment,or any other portion of the work other than the foregoing warranty and specifically disclaims any and all other warranties,expressed or implied,including the warranties of merchantability or fitness for a particular purpose.   C.In no event shall ISC be liable to Client or any third party for special,incidental,consequential,exemplary,or punitive damages or for lost profits,lost sales,injury to person or property,or any other cause as a result of a defect in labor,equipment or other supplies,or materials with respect to any item furnished under the agreement,malfunction,or non-function of any system,wrongful performance of or failure to perform any acts included in the work,transportation delays or breach of warranty.   D.Client acknowledges that no warranty,representation,or statement by any representative of ISC not stated herein shall be binding. This writing,and the document or documents attached hereto or of which this writing is a part,if any,constitutes the final expression of the parties’agreement and is a complete and exclusive statement of the terms of the agreement.   3.Independent Contractor. Both the Client and ISC agree that ISC will act as an independent contractor in the performance of the Work.  Accordingly,ISC shall be responsible for payment of all taxes including Federal,State and local taxes for sums paid by Client to ISC, including by way of illustration but not limitation,Federal and State income tax,Social Security tax,Unemployment Insurance taxes for its employees.   4.Confidential Information. ISC agrees that any information received from client in accordance with the Work,which concerns the personal, financial or other affairs of the Client will be treated by ISC in full confidence and will not be revealed to any other persons,firms or organizations.                 Proposal Number:7222-1-0 Proposal Date:December 15,2022   5.Limitation of Liability   A.The parties understand and agree that:(a)the Work is intended to constitute or be part of a security system designed to reduce risk of loss for the Client;(b)Client has selected,accepted,and approved the Work after considering and balancing the levels of protection afforded by various types of systems and services available to it and the related costs of them;(c)neither ISC nor any person engaged by ISC to perform any portion of the Work,shall be construed to be an insurer of the person or property of the Client,its employees,agents, contractors,assigns,Clients,invitees or any other person at the location(s)where the Work is performed (the “Location(s))”;(d)the Price and Payment Terms are based solely on the cost and value of ISC providing the Work and are unrelated to the value of property of Client or others located at the Location(s);(e)the Price and Payment Terms do not contemplate any payment being made or consideration being given to ISC for any guarantee,warranty,or insuring agreement by any one or more of them to Client with respect to the person or property of anyone;(f)ISC makes no guarantee or warranty of any kind that the Work (including any materials and equipment supplied as part of the Work)will avert or prevent occurrences or consequences therefrom which the Work is designed to detect or avert.   B.Notwithstanding the foregoing provisions of this Section or for whatever reason,ISC should be found liable for personal injury,property loss,or damage caused by a failure to perform by ISC or the failure of any materials or equipment in any respect whatsoever,or a court of proper jurisdiction determines the limitations on warranties are inapplicable,Client agrees that the aggregate liability of ISC under or with respect to the Agreement,the Work to be performed under,and any warranty provided pursuant to,the Agreement,shall be limited to the greater of twenty-five (25%)percent of all sums paid to ISC by Client or any sums paid pursuant to insurance coverage provided to ISC.     6.Indemnification   A.When Client ordinarily has the property of others in its custody,or the Work extends to the protection of the person or property of others, Client shall indemnify,save,defend,and hold harmless ISC from and against all claims brought by parties other than the parties to the Agreement. This provision shall apply to all claims regardless of cause,including the performance or failure to perform by ISC,and including without limitation,defects in products or system design,installation,repair service,monitoring,operation,or non-operation of materials or equipment,whether based upon negligence,active or passive,express or implied contract or warranty,contribution or indemnification or strict or product liability;provided,however,Client shall have no duty to indemnify in the case of gross negligence or willful misconduct by ISC,its employees,agents,or assigns. Client agrees to indemnify ISC against,and to defend and hold ISC harmless from any action for subrogation which may be brought against ISC by any insurer or insurance company or its agents or assigns including the payment of all damages,expenses,costs and reasonable attorney's fees.   7.Design Development,Programming,Drawings,Ownership,and Software License(s)   A.Design Development.Client and ISC have together developed or will develop the design and specifications for the Work. When Client has accepted or approved the design and specifications,the sole and final responsibility for the design and specifications shall be Client's.  ISC shall have no liability to Client for any loss or damage claimed against or incurred by Client or any employee,agent or licensee of Client because of any defect or alleged defect in the design or specifications or the failure of the equipment or the Work to perform as desired or anticipated by Client.   B.Programming.Security system programming is an essential element of the systems operation and performance. Client acknowledges and agrees that security system programming is an ever-changing process,and in significant part,subject to Client’s day-to-day and other business operations and parameters and the changes or modifications to them. To the extent required by the design and specifications of the Work,ISC shall:   o ISC will at a minimum load a configuration program that will allow Client’s security system to perform basic control, operation,reporting,monitoring and other basic functions;and o ISC will at a minimum provide a single training session for personnel /users on basic functionality regarding Client’s security system as specified in the Agreement.Personnel training may include training of operators,administrators,or other personnel designated by Client.   Additional training,development of training aides,programming,or related consulting services provided by ISC at Client’s request shall be provided as a change order to the agreement at an above contract cost to the extent they are not specified in this agreement and scope of work.                     Proposal Number:7222-1-0 Proposal Date:December 15,2022   C.Drawings.Submittals,Drawings,Manuals and other Materials can provide Clients with valuable information and documentation for servicing and managing the life cycle of security systems. Client acknowledges and agrees that security system documentation is an ever-changing process,and in significant part,subject to Client’s day-to-day and other business operations and parameters and the changes or modifications to them. To the extent required by the design and specifications of the Work,ISC shall:   o To the extent required by the design and specifications of the Work,ISC shall provide reasonable descriptions of the functional operation of the system(s)being provided by the Work by furnishing a basic drawing such as a one-line architecture or riser drawing. o ISC may provide,at Client’s request and at an above contract cost,detail drawings utilizing industry standard electronic formats (Floor Plans,Riser Diagram,Elevation,Equipment Detail,Point to Point Cabling and As Built Drawings)to the extent they are not specified in this agreement and scope of work.   Additional Submittals,Drawings,Manuals and other Materials,or related consulting services provided by ISC at Client’s request shall be provided as a change order to the agreement at an above contract cost to the extent they are not specified in this agreement and scope of work.   D.Ownership. Prior to completion of the Work,any drawings,specifications and equipment list developed in connection with the design for the Work shall remain the property of ISC whether the Work for which they were made is executed or not. Drawings,specifications and equipment lists shall be returned to ISC on demand at any time prior to substantial completion of the Work. Prior to substantial completion of the Work,any proposals,designs,drawings,specifications and equipment lists:(a)shall be considered confidential information and trade secrets of ISC unless they constitute information which is exempted or excluded by law from confidential and trade secret status;(b)shall not be used by Client on other projects or extensions of a project included within the Work,or to obtain other bids,except by agreement in writing and with appropriate compensation to ISC;and (c)are not to be reproduced in whole or in part without prior written consent of ISC. Upon substantial completion of the Work and final payment in full by Client,ownership of drawings,specifications and equipment lists shall become Client's.   E.Software License(s).Software required to operate systems are governed by the License Agreement provided by the system manufacturer(s)or as attached by Exhibit or Addendum. Client shall be responsible to pay all third and license fees and renewal fees.   8.General Provisions   A.Complete Agreement: This Standard Terms and Conditions,together with the Contract is the sole and entire Agreement between the parties relating to the subject matter hereof.This Standard Terms and Conditions,together with the Contract,supersedes all prior understandings,agreements and documentation relating to such subject matter.   B.Modifications to Agreement: Modifications and amendments to this Standard Terms and Conditions or Contract shall be enforceable only if they are in writing and are signed by authorized representatives of both Parties.   C.Waiver: No term or provision of this Standard Terms and Conditions or Contract shall be deemed waived and no breach excused unless such waiver or consent is in writing and signed by the party claimed to have waived or consented.   D.Notices: All notices and other communications required or permitted under this Standard Terms and Conditions,and Contract shall be in writing and shall be deemed given when delivered personally,or five days after being deposited in the United States mail,postage prepaid and addressed to the applicable address set forth above,or to such other address as each party may designate in writing.   Applicable Law: This Standard Terms and Conditions,together with the Contract Agreement will be governed by the laws of the State of New Jersey,except for its conflicts-of-laws provisions. Any claim or dispute arising between or among the parties with respect to this Agreement,its interpretation or effect,or their respective duties or responsibilities hereunder,shall be submitted to arbitration,which shall be binding upon all parties having an interest in the dispute. Arbitration shall be conducted by a single arbitrator (the “Arbiter”) chosen and acting in accordance with the Rules of the American Arbitration Association respecting commercial disputes (“AAA”). The Arbiter shall apply the substantive law of New Jersey and may award injunctive relief or any other remedy available from a judge, including attorney fees and costs to the prevailing party. Unless the parties to the arbitration shall agree otherwise,the arbitration proceeding shall take place in Monmouth County,New Jersey,or if the AAA shall have no arbitration facilities in Monmouth County,in the county closest to Monmouth County,New Jersey where the AAA has arbitration facilities. There shall be no substantive motions or discovery,except that the Arbiter shall authorize such discovery as may be necessary to insure a fair private hearing,which shall be held One Hundred Twenty (120)days of the demand for arbitration. There shall be no award of travel,meals or lodging expenses to any party,attorney(s)or witness(es). Judicial review of the Arbiter’s award may be sought only upon the grounds of fraud,corruption, misconduct or erroneous conclusions of law. Service of the Petition to Confirm Arbitration and the written notice of the time and place of hearing on the Petition to Confirm the award of the Arbiter shall be made in the manner provided in this Agreement with respect to all notices. In the event that ISC receives an arbitration award for sums related to the Work,ISC shall be entitled to recover such sums and all legal fees and costs incurred by ISC in connection with the arbitration.      Certificate Of Completion Envelope Id: 2AD94812BD9A492CAE82CD2B85EAD07E Status: Completed Subject: Integrated Security | Pitkin County Contract Renewal 234.20 B for Review and Signature Source Envelope: Document Pages: 10 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Pitkin County Procurement AutoNav: Enabled EnvelopeId Stamping: Disabled Time Zone: (UTC-07:00) Mountain Time (US & Canada) 530 East Main Street Suite 203 Aspen, CO 81611 Procurement@PitkinCounty.com IP Address: 98.50.0.31 Record Tracking Status: Original 1/24/2023 1:06:47 PM Holder: Pitkin County Procurement Procurement@PitkinCounty.com Location: DocuSign Signer Events Signature Timestamp Jay Clark jay.clark@pitkincounty.com Facilities operation Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 65.38.144.66 Sent: 1/24/2023 1:11:35 PM Viewed: 1/24/2023 2:02:37 PM Signed: 1/24/2023 2:02:45 PM Electronic Record and Signature Disclosure: Accepted: 1/24/2023 2:40:21 PM ID: 488cd629-b1f1-47f1-8b01-17d7e2fc2aef Company Name: Pitkin County, Colorado John Vidalis JVidalis@isc-world.com President Integrated Security & Communications of NJ Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 174.128.19.212 Sent: 1/24/2023 2:02:49 PM Viewed: 1/25/2023 6:41:28 AM Signed: 1/25/2023 6:41:42 AM Electronic Record and Signature Disclosure: Accepted: 1/25/2023 6:41:28 AM ID: c3c92d33-c8e3-431d-9eaa-8e21c1b0b69d Company Name: Pitkin County, Colorado In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Pitkin County Procurement procurement@pitkincounty.com Procurement Manager Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/25/2023 6:41:44 AM Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounts Payable AP@pitkincounty.com Accounts Payable Pitkin County Security Level: Email, Account Authentication (None) Sent: 1/25/2023 6:41:46 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 1/24/2023 1:11:35 PM Certified Delivered Security Checked 1/25/2023 6:41:28 AM Signing 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