HomeMy WebLinkAbout070615_ca03Department of Central Services
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Frank Gifford
Central Services Director
Agenda Date: July 6, 2015
Subject: Jefferson County Jail Fire Alarm Replacement Project:
Monitoring Services Agreement with Guardian Security
Statement of Issue: Execution of the Agreement for remote monitoring of the new
Fire Alarm System for the Jefferson County Jail Fire Alarm Replacement Project. This
agreement will provide remote monitoring to the Corrections Center at 81 Elkins Rd.
Analysis /Strategic Goals /Pro's It Con's: Bids for the Contract for Construction, were
obtained via competitive sealed bids. The Construction has been executed with North
Shore Electric, the lowest responsible and responsive bidder. The Fire Alarm Sub-
contractor is Guardian Security.
Fiscal Impact /Cost Benefit Analysis: The Contract for Construction already includes
the cost of one year remote monitoring by Guardian Security. This Agreement will
result in no additional cost for the one year term.
Recommendation: We recommend that this Monitoring Agreement be signed by the
Board. Please sign and return (2) originals to Central Services, retaining one original
for your records.
Department Contact: Gordon D. Ramstrom, Architectural Projects Planner, 385 -9380
Revi "ed By:
PM ip Morley iro my Administrator Date
m.Lp�- I
GUARDIAN SECURITY
LIFE AND PROPERTY PROTECTION
LIFE AND PROPERTY PROTECTION
❑ 1743 First Avenue So.
Seattle, WA 98134
El 2071 Mildred Street W.
Fircrest, WA 98466
❑ 45 W. Mead Ave.
Yakima, WA 98902
1501 Kentucky St.
Bellingham, WA 98229
Job #
COMBINED SYSTEM LEASE AND MONITORING SERVICES AGREEMENT
CUSTOMER NAME Jefferson County Jail DATE 6112115
❑BILLING ADDRESS. P.O_ Box 1220 CITY Port Townsend STATE WA ZIP 98368
❑ EMAIL ADDRESS gramstrom @co.jefferson.wa.us
❑ INSTALLATION ADDRESS 81 Elkins Rd Cl I y Port Hadlock STATE WA yip 98339
OFFICE PHONE No. 360 -385 -9200 SITE PHONE 360 - 385831
1. SYSTEM LEASE - INSTALLATION AND LEASE CHARGES: CUSTOMER hereby leases from Guardian the System described below, agrees to have Guardian
provide central station monitoring of the system as set forth below, and to pay installation, lease, monitoring and other charges as follows:
(a) Installation Charge. CUSTOMER agrees upon installation of the System to pay an installation charge of S zero
(b) Quarterly Lease and Monitoring: CUSTOMER agrees to pay in advance a combined lease/monitoring payment of S zero per quarter for period
of I years; with the quarter commencing the first day of the month following the date of installation of the system, unless installation is made on the first day of a
month. The first quarterly payment shall be due and payable at the time of installation. Thereafter, payment shall be due and payable on the tenth day of each
succeeding quarter. If installation is on a date that is not the first day of month, the quarterly payment shall be pro -rated to the first day of the following month, and that
pro -rated amount shall be billed separately to CUSTOMER, with payment to be received by Guardian within ten days of mailing the billing.
(e) In addition to the charges identified above, at its sole expense, CUSTOMER shall (1) provide a uninterrupted I IOv electrical outlet for the operation of the System, (2)
pay all related permit fees and costs, (3) pay all applicable taxes, (4) pay all false alarm fees or penalties.
2. DESCRIPTION OF SYSTEM:
Installation of leased AES wireless radio communicator
First year of monitoring is zero charge included in fire alarm upgrade job# 12216 -1
Any city /county required annual alarm permits are the responsibility of the customer.
3. LIQUIDATED DAMAGES: IT IS AGREED BETWEEN CUSTOMER AND GUARDIAN THAT GUARDIAN IS NO'T AN INSURER AND THE SYSTEM AND
SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR ADEQUATE INSURANCE. CUSTOMER UNDERSTANDS AND AGREES THAT THE SYSTEM
AND THE SERVICES (AND TI IE TRANSMITTER, IF APPLICABLE) ARE INTENDED ONLY TO PROVIDE WARNING IN CASE OF FIRE, IN OR ABOUT, OR
ENTRY INTO THE PREMISES AND NOT TO PREVENT THE SAME AND THAT UNDER NO CIRCUMSTANCES SHALL GUARDIAN BE LIABLE FOR ANY
LOSSES, EXCEPT AS PROVIDED HEREIN, and because it is impractical and extremely difficult to fix the actual damages in such event, Guardian's liability hereunder
shall be limited to the sum of S 250.00 as liquidated damages, and not as a penalty. GUARDIAN SHALL NOT BE LIABLE FOR ANY OTHER
DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS OR PERSONAL INJURY OR DEATH IN CONNECTION WITH OR ARISING OUT OF THE
EXISTENCE, FURNISHING, FUNCTIONING OR USE OF THE SYSTEM OR SERVICES OF GUARDIAN. CUSTOMER AGREES TO DEFEND, INDEMNIFY
AND SAVE GUARDIAN HARMLESS WITH RESPECT TO ANY INJURY, DAMAGE OR CLAIM TO PERSONS OR PROPERTY,THAT MAY ARISE OUT OF OR
RELATE TO THE OPERATION OR MAINTENANCE OF THE SYSTEM OR LACK OR FAILURE THEREOF, OR GUARDIAN'S SERVICES. CUSTOMER HAS
READ AND UNDERSTANDS THIS PARAGRAPH AND AGREES TO ITS TERMS. (Customers Indiefs).
4. AUTOMATIC RENEWAL/TERMINATION /RETURN OF LEASED EQUIPMENT: upon expiration of this agreement at the end of its tern identified in paragraph
1 above, this Agreement shall automatically renew for successive periods of one year, except that within the first sixty (60) days of any renewal year, CUSTOMER may
terminate this agreement upon 30 days advance written notice to Guardian. In the event of termination upon written notice by CUSTOMER, CUSTOMER agrees to pay all
lease/monitoring through the end of the 30 day written notice period and to deliver to Guardian within that 30 day period all leased equipment. Customer shall be liable for
and pay any and all excise, sales, use or other taxes which may be imposed upon Guardian or CUSTOMER arising out of this Agreement or its termination.
5. DEFAULT, REMEDIES: Time is of the essence in connection with payments due under this Agreement. In the event the CUSTOMER is in default in the payment of any
amounts due under this agreement, Guardian may terminate this agreement forthwith without notice to CUSTOMER and retake possession of the System and /or the
transmitter, wherever the same may be located, without any court order or further process of law; retain all amounts previously received from CUSTOMER; sue for and
recover all unpaid amounts due hereunder; and pursue and exercise any other remedy available at law or in equity. All remedies are cumulative and may be exercised
concurrently or separately. CUSTOMER agrees to pay Guardian all costs and expenses, including all reasonable attorneys fees, incurred by Guardian in pursuing or
exercising any of its rights or remedies at law or in equity. Interest on unpaid amounts shall be charged at the rate of 1 112% per month or the highest rate allowed by law,
whichever is less. if the monitoring service is deactivated because of CUSTOMER'S failure to timely make payment, and if CUSTOMER desires to have the service
reactivated, CUSTOMER agrees to pay in advance Guardian's prevailing reactivation charge.
6. FORCE MAJEURE: Guardian will not be liable for any damages caused by delay in furnishing or failure to furnish equipment or services due to fire, flood, strike,
lockout, dispute with workmen, inability to obtain material, war, act of God, or any other cause beyond Guardiads reasonable control.
7. GOVERNING LAW; VENUE: This Agreement shall be construed under and governed by the laws of Washington. The parties hereto submit to thejurisdiction of any
federal or state court sitting in Seattle, King County, Washington, in any action or proceeding arising out of or relating to this Agreement.
8. ASSIGNMENT: CUSTOMER shall not assign this Agreement or any part hereof without the prior written consent of Guardian. Guardian shall have the right to assign
this Agreement to any other person, firm, or corporation without notice to CUSTOMER., and shall have the further right to subcontract services which it may perform.
4. INCREASE IN TAXES, UTILITY CHARGES OR MONTHLY SERVICES: CUSTOMER acknowledges that all charges set forth herein are based upon existing
federal, state and local taxes, fees and utility charges,. Guardian shall have the right, at any time, to increase the charges provided herein, to reflect any increases in existing
or any additional taxes, fees or charges which hereafter may be imposed on Guardian or its equipment /services by any utility or governmental agency relating to the
equipment)services provided under the terns of this Agreement, and CUSTOMER agrees to pay the same.
THIS AGREEMENT IS NOT BINDING UNLESS APPROVED IN WRITING BY AN 1
1 HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT
By: Mike Wade C
Customer Si nature:
By:
Amhorized Ore='s s' 0 ease rnr aQMWC9
Tide: Branch Manager '
'Title:
Date: A L
L. Daze:
4
Emergency Notification List
GU�ARDTA SECURITY
LIFE AND PROPERTY PROTECTION
Please indicate order of notification. Then list 1,2 3, etc for order of notification Attempts will be made to reach persons in order indicated
Please list area codes with all phone numbers
A -L�L S Ill i i L o �T -k
Order
® New ❑ Upgrade ❑ New ❑ Take Over: DATE $/1 /15
Password
Subscriber Address Formerly
Office Cell
#
Name Jefferson County Jail EMAIL gramstrom @co jefferson.t.ii
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Address
81 Elkins Rd
Telephone Number
Subscriber
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City - County - state - Zip Port N adiock WA 98339
All Number At Same Location
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Type of Facility ❑ Residential ® Commercial (Description): Jail
Type of Control Panel 11� XLS Type of Communicator► AES
❑ Burglary ❑ Panic ❑ Medical Emergency ❑ Other
Conditions
Monitored
❑ Hold-up E Fire [3 Process Supervision ❑ Elevator
❑ Keypad Police ❑Keypad Medical ❑ Keypad Fire
E Emergency Monitoring & Notification ® Daily Test ❑ Patrol Response
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❑ Logged Open /Closed ❑ Weekly Test ❑ Police Response
Services
❑ OiC Logging with ID ❑ Monthly Test ❑GSM
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❑ Scheduled O/C with Individual ID ❑ OnLJne Internet Viewing Reports ® AES
❑ Network Monitoring ❑ Password
❑ PERS
All C/ grreesyp/oridence Should Be Sent al Attention Of, f_ ❑ At Address Shown Above
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Please list area codes with all phone numbers
A -L�L S Ill i i L o �T -k
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Persons To Be Contacted on Alarms
Password
Residence
Telephone it
Office Cell
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Leave
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It is the responsibility of the customer to notify Guardian Security Syst@rns in the event of any changes made to the Emergency Notification List. and
to test the system. It is also the responsibility of the customer to train all individuals on the correct alarm system procedures in an alarm event
Subscribers Signature Guardian Security Systems Representative
Print Name
1 Under this Agreement, the Company, on receipt of an alarm signal from the premises shall endeavor to notify the appropriate responsible
law endorsement authority The Subscriber agrees to give the Company the names and signatures of all persons who shall have the right to enter
the premises between the regularly scheduled times for closing and opening of the premises and who may be called upon for a key to enter the
premises of the Subscriber during such periods. Subscriber agrees to keep names up to date.
2 This Subscriber hereby agrees that the Company shall have the right to increase or decease the monthly charge provided for herein at
any lime after expiration of one bear from the date such system is operative under the Agreement upon giving the Subscriber written notice sixty
(601 dayS in advance of the effective date of such increase or decrease and if the Subscriber is unwilling to pay any such increased charge. the
Subscriber may cancel the then expired term of this Agreement by notifying the Company in writing thirty (30) days prior to the otherwise effective
date of any such increase With respect to the digital communicator and to all equipment under lease, the Subscriber agrees to pay for equipment
removal at standard rates, The Subscriber s cancellation option as set forth herein shall not apply to Increases in charges made as a result of
increases in leased line charges to the Company as a result of Public Utility Commission - approved rate increase granted to the telephone company,
so long as such increases to the Subscriber shall be the net amount of the applicable rate increases aforementioned.
3 Errors or omissions in construction or installation of the systems, including but not limited to failure to wire points of protection, must be
called to the attention of the Company by Subscriber in writing within (10) days of completion of installation. Upon the expiration of said ten (10)
days, the Installation and the protection provided shall be deemed accepted by Subscriber. The Subscriber agrees to pay the Company thereafter
for increases In protection or modification of the system at standard rates. Service is provided between 9:00 A M and 4 00 P.M. weekdays,
The Subscriber shall permit the Company access to premises during business hours and at all other reasonable times for any reason
arising out of or in connection with the Company s rights or obligations under this Agreement
The Subscriber shall exercise due care to prevent false alarms and pay all fines and summon resulting therefrom, The Subscriber is
responsible for frequent tests of the electronic protective system
4 The Subscriber expressly covenants and agrees not to tamper with, disturb, injure or remove or otherwise interfere with said apparatus
not to permit the same to be done. It is further agreed that the apparatus shall remain in the same location as installed, . and any removal or
disturbance thereof resulting from painting. altering or remodeling the fixtures or any changes whatsoever necessitating any work by way or repairs
relocation or otherwise on said apparatus. or if any Inspeciton Bureau having junsdiction shall require any changes, shall be paid for by the Subscriber
In accordance with standard charges of the Company in addition to all other charges mentioned herein,
5 The Company is hereby authorized to make any preparations such as drilling holes driving rails, making attachments or doing any other
things necessary or pertinent to the installation and maintenance of the electronic protection apparatus and the Company shall not be responsible
for any condition of the premises created thereby during the installation, maintenance or removal of the equipmert or apparatus and the Subscriber
warrants that it has full authority from the owner and/or any other persons in control of the premises to permit the installation of the apparatus under
all conditions hereinabove mentioned
6. In the event any of the terms or provision of this Agreement shall be invalid or inoperative, all of the remaining terms and provisions shall
remain in full force and effect,
7 Where any device or protection is supplied, including but not limited to space protection which is affected by turbulence of air or other
disturbing conditions, Subscriber agrees to turn off or remove all things, animate or inanimate, including but not limited to all forced air heaters
air conditioners, animated display signs. animals covering of chemical vats and any other source cf air turbulence or movement which may interfere
with the effectiveness of the system during closed periods while alarm system is on,
In the event of a power failure or other interruption, at Subscriber, s premises, Subscriber shall Immediately notify the Company
8 The Company upon receipt of an alarm signal from the premises of the Subscriber shall, without incurring any liability for failure to do so
except that provided in paragraph 1 make every reasonable effort to do the following.
A. Upon receipt of burglar alarm signal. transmit the alarm to the headquarters of the local police authority and make a reasonable effort to
notify the Subscriber or his designated agent by calling the telephone number supplied to the Company in writing by Subscriber
B Upon receipt of hold -up alarm signal, transmit the alarm to the public police department.
C Upon receipt of a sprinkler signal weterflow signet, manual or automatic fire alarm signal, transmit the alarm to the public fire department
and make reasonable effort to notify the Subscriber or his designated representative by calling the telephone number supplied to the
Company In writing by Subscriber
D Upon receipt of a monitor signal make a reasonable effort to notify Subscriber or his designated representative by calling the telephone
number supplied to the Company in writing by Subscriber. is requested by Subscriber
Paragraph 12 does not apply to local alarm systems.
9 This Agreement may be cancelled without prior notice, at the option of the Company, in case its central station, connecting wires or
equipment within the Subscriber s premises are damaged or destroyed by fire or other catastrophe so substantially that it is impractical to continue
service and may likewise be cancelled by the Subscriber in the event that the Subscriber s premises are so destroyed or damaged
10. The Company assumes no liability for delay In installation of the equipment because of work schedules or for interruption of service due
to strikes, riots, Floods, fire, act of God or any other cause and shall not be required to supply service to the Subscriber while interruption of service
due to any such cause shall continue
Subscriber recognizes that electronic systems are delicate by nature and require care and service if a proper electronic signal is to be
dispatched to the central station The Subscriber is responsible for frequent tests of the etectramc brotecuve system
11 The Company shall not be liable for loss or damage caused by delay, interruption, stoppage in Construction or maintenance from causes
beyond its control and same shall not reiieve payments on behalf of Subscriber for term
12 11 is further understood and agreed that the Company may remove or abandon said system in whole or in part. upon termination of this
Agreement by lapse of time In the case of lease. default of any monies due hereunder. or otherwise without any obligation to repair or redecorate
any portion of the protpcied premises. Ihat such removal Or abandonment shall not be held to constitute a waiver of the right of the Company to
collect any charges which have accrued or may accrue hereunder
13 The Company shall have the right to assign this Agreement to any other person. firm or corporation without any notice to the Subscriber,
and shall have the further right to subcontract any services it may perform.
14. THIS AGREEMENT is not binding unless approved in writing by an authorized officer of the company. In the event of failure of approval,
as aforesaid. the only liability of the Company shall be to return to the Subscriber the amount, if any, paid to the Company upon the signing of
this agreement
15. Company has the right to use the Subscriber s name for his Promotion and Advertising purposes without the written consent of the
Subscriber
16. You may cancel any purchases made under this Agreement if such purchases took place other that at the companies business address
which notice shall be posted not later than the third day (excluding Sundays and holidays) following your signing of this contract. If you choose to
cancel this purchase, you must return or make available to Company at the place of delivery any merchandise in its original condition, received
by you under this Agreement.
17 This agreement supersedes any other prior agreement or riders thereto,
18. It is understood and agreed by and between the parties hereto, that if there is any conflict between this contract and Subscriber s purchase
order, or any other document, this contract will govern, whether such purchase order or other document is prior or subsequent to this Agreement.
— .. Subscriber Initial . ;,,i,