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Agenda Item
ASR
Control 24-000456 |
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MEETING
DATE: |
06/25/24 |
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legal entity taking action: |
Board
of Supervisors |
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board of supervisors district(s): |
2 |
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SUBMITTING Agency/Department: |
Sheriff-Coroner (Approved) |
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Department contact person(s): |
Brian
Wayt (714) 647-1803 |
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David
O'Connell (714) 935-6844 |
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Subject: Retroactive
Approval of Amendment to Johnson Controls Fire Protection LP
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current
Year Cost: $49,316 |
Annual
Cost: FY 2024-25
$550,684 |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: Yes |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/6/2023 #26, 5/25/2021 #17, 9/10/2019
#2, 5/18/2018 #15 |
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RECOMMENDED
ACTION(S):
Authorize the
County Procurement Officer or Deputized designee to execute retroactive
Amendment Number Two to renew the contract with Johnson Controls Fire
Protection LP for preventative and repair services for the term of June 1,
2024, through May 31, 2025, in an amount not to exceed $600,000, for a new
cumulative not to exceed contract amount of $2,002,000, as well as to partially
revise Attachment B, Compensation and Pricing Provisions, renewable for one
additional one-year term.
SUMMARY:
Retroactive
approval of the sole source contract with Johnson Controls Fire Protection LP
will allow the Sheriff-Coroner Department to continue to provide preventive
maintenance and repair of the fire protection system to protect the safety of
the inmates and staff at the Theo Lacy Facility.
BACKGROUND
INFORMATION:
The contract with
Johnson Controls Fire Protection LP (formerly known as, Tyco dba
SimplexGrinnell LP) (Johnson Controls) provides for preventative maintenance
and repair services for the Johnson fire protection system at the
Sheriff-Coroner Department’s (Sheriff) Theo Lacy Facility. Johnson Controls
provides fire alarm inspection, maintenance and testing for multiple buildings
with stand-alone, as well as integrated, fire alarm systems.
This is a sole
source contract as the programming language used by the panels to communicate
with the various devices on this system is proprietary to Johnson Controls. The
system programmers that are connected to these panels to conduct various
testing are also only manufactured by Johnson Controls. These system
programmers require a proprietary security code that allows the programmer to
make changes to the system and are all patented by Johnson Controls. The Orange
County Preference Policy is not applicable to this sole source amendment.
The table below
details the current contact history with Johnson approved by the Board of
Supervisors (Board).
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Board
of Supervisors (Board) Approved |
Amendment Number or Contract |
Contract
Term |
Contract
Amount |
Comments |
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5/24/16 |
Contract |
6/1/16 - 5/31/18 |
$756,866 |
New contract MA-060-16011634 approved by
the Board pursuant to the County’s 2012 Contract Policy Manual, Section 3.2. |
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5/1818 |
One |
6/1/18 - 5/31/20 |
$756,866 |
Amendment Number One to contract
MA-060-18011244 renewed the contract pursuant to the County’s 2012 Contract
Policy Manual, Section 3.2. |
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9/10/19 |
Two |
6/1/20 - 5/31/21 |
$399,720 |
Amendment Number
Two to Contract MA-060-20011092 renewed administratively by the County
Procurement Officer based on the delegated authority granted by the Board as
reflected in the Resolution of the Board, Authorizing Emergency Contracting
Authority dated March 26, 2020. |
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5/25/21 |
Contract |
6/1/21 - 5/31/23 |
$800,000 |
Contract MA-060-21011200 approved by the
Board pursuant to the County's 2019 Contract Policy Manual, Section 3.3. |
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6/6/23 |
One |
6/1/23 - 5/31/24 |
$522,000 |
Amendment Number One to contract
MA-060-21011200 renewed the contract pursuant to the County's 2021 Contract
Policy Manual, Section 3.3. |
Sheriff now
requests retroactive Board approval for the County Procurement Officer or
Deputized designee to execute Amendment Number Two to the contract with Johnson
as noted in the Recommended Action. The amendment is retroactive due to
extended negotiations with Johnson Controls regarding labor rate and parts
coverage as a result of the aging of the current Johnson Controls fire
protection system. Sheriff is working toward a replacement system. The system
is approximately 30 years old. Due to the complexity and anticipated high cost,
Sheriff will work on adding the system change out to the Maintenance Repair
Plan over the next two fiscal years.
Contractor
performance has been confirmed as at least satisfactory. Sheriff has verified
that there are no concerns that must be addressed with respect to contractor's
ownership/name, litigation status or conflicts with County interests. This
contract does not currently include subcontractors or pass through to other
providers. See Attachment C for the Contract Summary Form.
FINANCIAL IMPACT:
Appropriations for
this Contract are included in Budget Control 060, Sheriff-Coroner FY 2023-24
Budget and will be included in the budgeting process in future years. The
contract contains language allowing the Sheriff-Coroner Department to terminate
the contract without penalty with cause or after 30 days of written notice
without cause in the event that funding is reduced and/or not available to
continue funding the contract.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Amendment Number Two
to Contract MA-060-21011200
Attachment B - Redline of Previous Amendment
Attachment C - Contract Summary Form