Loading...
HomeMy WebLinkAboutAgreement_General_02/04/2015 Security 101 - WPB Date: 1/29/2015 Security 2465 Mercer Ave. Proposal # 39992.2 Pratecting People, Property &Profits Suite 101 Proposal Title: Panic Alarm Village Council West Palm Beach, FL 33401 Sales Rep: Franklin Crofutt Phone: 954 -415 -7048 Phone: 888 - 909 -4101 Email: fcrofutt @security101.com Proposal Bill to: Village of Tequesta - A/P Ship to: Attn: Brad Gomberg 345 Tequesta Drive Village of Tequesta Police Department Tequesta, FL 33469 357 Tequesta Drive Tequesta, FL 33469 Security101 will install a network 1/0 device in the Village Council IDF. The 1/0 device will be used to communicate with the panic switches over 22/4 cabling. The 1/0 network device at the Village Council building will communicate over the Village network to another 1/0 network device at the Public Safety SOC IDF; we will terminate a flashing strobe to alarm in case of an event. The strobe will be powered locally in the SOC. We will install five (5) panic buttons; three (3) in Village Chamber and two (2) at the front office desk in the Village Chamber building. Alarm System Clarifications POE Switch provided by others 110 vac power provide by others for strobe. Sleeves and wall penetrations by others. Conduit between the Council room IDF and Council Chambers by others, conduit will allow for additional cabling to be run. Not responsible for existing cabling that is already in the conduit. Qty Description Unit Price Total 2 3' Cat6 Patch Cable White 2.75 5.50 2 8048 Network Input Relay POE 480.35 960.70 5 SPDT SURFACE MOUNT BUTTON 29.15 145.75 1 V- 5580041 B Strobe ADA Compliant 504.00 504.00 1 VP -1124D lamp switch power wall mount 105.94 105.94 Installation Labor 1,981.25 Additional Equipment 295.01 Total Investment 3,998.15 Page 1 • Security= PfflWCtng.Pmpam$Pwft Terms and Conditions Proposal 39992.2 Panic Alarm Village Council 1. Limited Warranty: Exclusions and Disclaimers A. To the extent not otherwise warranted pursuant to an applicable manufacturer's warranty, Security 101 warrants all equipment and installation labor rendered as part of the Work against defects in materials and labor, not inherent in the quality required or permitted by the Agreement, for a period of twelve (12) months (the "Warranty Period ") from the date of substantial completion of the installation of the Work. Security 101's warranty specifically excludes remedy for damage or defect to expendable supplies, equipment or parts or any portions of the Work caused by misuse, abuse, modifications not executed by Security 101, improper or insufficient maintenance, improper operation, Acts of God, alteration, modification, manipulation, tampering or vandalism by any other party, or normal wear and tear and normal usage. Any and all warranty claims must be made by written notice to Security 101 within the Warranty Period and any defect claimed will be repaired or replaced at the sole option of Security 101. Any shipping charges in connection with a repair or replacement shall be the responsibility of Customer. Notwithstanding anything contained herein to the contrary, Security 101's sole liability for any warranty claims hereunder shall be limited to the repair or replacement of the Work or any portion thereof. B. THE WARRANTY DESCRIBED IN SUBSECTION 1A ABOVE IS THE ONLY WARRANTY COVERING THE INSTALLATION LABOR, MATERIALS AND EQUIPMENT OR ANY OTHER PORTION OF THE WORK AND IS GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR COMMON LAW, AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND HABITABILITY ARE HEREBY EXCLUDED AND SPECIFICALLY DISCLAIMED. C. Except to the extent otherwise provided in Subsection 2A below, in no event shall Security 101 be liable to Customer or any third party for actual, special, incidental, consequential, exemplary, punitive damages or any other type of damages or for lost profits, lost sales, injury to person or property or any other cause as a result of defect in the installation labor, equipment, materials or other supplies with respect to any item furnished under the Agreement, the malfunction or non - function of any system, wrongful performance of or failure to perform any acts included in the Work, transportation delays, breach of warranty or any criminal or other activities by third parties resulting there from. D. Customer acknowledges that no warranty, representation, or statement by any representative of Security 101 not expressly stated herein shall be binding. The Agreement and the document or documents attached hereto or to which this writing is a part, shall constitute the final expression of the parties' agreement and is a complete and exclusive statement of the terms of the Agreement. 2. Limitation of Liability A. To the extent of Security 101's insurance coverage and subject to the limitations contained in Subsections 2B and 2C below, Security 101 agrees to indemnify, defend and hold harmless Customer for, from and against all claims, damages, losses, costs or injury to property occurring during the installation of the Work under the Agreement, but only to the extent caused by the negligence of Security 101, its subcontractors or anyone employed by either of them. Customer and Security 101 agree that the indemnification given herein shall be limited to the amount of loss suffered by the indemnities or the amount of Security 101's insurance coverage, whichever is less, which amount is stipulated by the parties to bear a reasonable commercial relationship to this Agreement and is hereby incorporated into the specifications for this project. B. The parties acknowledge and agree that: (a) the Work is intended to constitute or be a part of a security system designed to reduce risk of loss for the Customer; (b) Customer has selected, accepted and approved the Scope of 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 Security 101 nor any person engaged by Security 101 to perform any portion of the Work shall be construed to be an insurer of the person or property of Customer, its employees, agents, contractors, assigns, customers, invitees or any other person at the location(s) where the Work is performed (the "Locations "); (d) the Price and Payment Terms are based solely on the cost al value of Security 101 providing the Work and are unrelated to the value of property of Customer or others located at the Locations; (e) the Price and Payment Terms do not contemplate any payment being made or consideration being given to Security 101 for any guarantee, warranty or insuring agreement by any one or more of them to Customer with respect to the person or property of anyone; and (f) Security 101 MAKES NO GUARANTEE OR WARRANTY OF ANY KIND THAT THE WORK (INCLUDING ANY MATERIALS AND EQUIIPMENT SUPPLIED AS PART OF THE WORK) WILL AVERT OR PREVENT OCCURRENCES, CRIMINAL EVENTS, VANDALISM OR CONSEQUENCES THEREFROM WHICH THE WORK IS DESIGNED TO DETECT OR AVERT. CONSEQUENTLY, THE PARTIES ACKNOWLEDGE AND AGREE THAT SECURITY 101 IS NOT AN INSURER AND CUSTOMER WILL OBTAIN FROM ITS OWN INSURER ANY INSURANCE THAT IT DESIRES TO PROTECT ITS PROPERTY OR PERSONS FROM ANY SUCH EVENTS OR OCCURRENCES. CUSTOMER HEREBY WAIVES ALL SUBROGATION AND OTHER RIGHTS OR RECOVERY AGAINST SECURITY 101 THAT ANY INSURER OR OTHER PERSON MAY HAVE AS A RESULT OF PAYING ANY CLAIM OR LOSS OR INJURY TO ANY OTHER PERSON. C. Notwithstanding the limited warranty and the limitation on liability provisions contained herein, in the event Security 101 is found liable for personal injury or property loss or damage caused by a failure to perform by Security 101 or the failure of any materials or equipment in any respect whatsoever or a court of competent jurisdiction determines the limitations on warranty or liability are inapplicable, then Customer agrees that the aggregate maximum liability of Security 101 under or with respect to the Agreement, the Work performed hereunder and any warranty provided for herein, shall be limited to a sum equal to the lesser of (i) one -tenth (1/10) of the total Price paid by Customer under the Agreement, or (ii) Five Hundred Dollars ($500.00), and this liability shall be exclusive, and the provisions of this Subsection shall apply if loss or damage, irrespective of cause or origin, results directly or indirectly to persons or property, from performance or nonperformance of the Work, from breach of warranty, or from negligence, active or otherwise of Security 101. 3. Indemnification A. Customer acknowledges and agrees that Security 101 is not an insurance company and does not insure against loss, but rather Security 101 provides security products and services. Accordingly, Customer agrees to indemnify Security 101 and hold Security 101 harmless from any and all claims by third parties related to the above services and /or products, other than claims arising from the gross negligence or willful, intentional misconduct of Security 101. In agreeing to indemnify Security 101, Customer agrees to indemnify Security 101 against all claims from third parties related to the above services and /or products including but not limited to subrogation claims, damages claims, and attorney's fees and costs claims. 4. Design Development, Programming, Drawings, Ownership, and Software License(s) A. Design Development. Customer and Security 101 have together developed or will develop the design and specifications for the Work. When Customer has accepted or approved the design and specifications, the sole and final responsibility for the design and Page 2 • Security10 Prot- "9P_PM.N0"1ty6PMflts Terms and Conditions (cont) Proposal 39992.2 Panic Alarm Village Council specifications shall be Customer's. Security 101 shall have no liability to Customer for any loss or damage claimed against or incurred by Customer or any employee, agent or licensee of Customer 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 Customer. B. Programming. Security system programming is an essential element of the systems operation and performance. Customer acknowledges and agrees that security system programming is an ever - changing process, and in significant part subject to Customer'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, Security 101 shall: (i) Load a configuration program that will allow Customer's security system to perform basic access control operation, door timers, lock timers, and basic alarm functions; and (ii) Provide a total number of hours of personnel training regarding Customer's security system as specified in the Agreement; if a number of hours is not specified, the total number of hours of training shall not exceed fifteen (15). Personnel training may include training of operators, administrators, or other personnel designated by Customer. Training subjects shall be dictated by Work specifications but may include password configuration, door identification, timers, alarms and reports. Additional training, programming or related consulting services provided by Security 101 at Customer's request shall be provided at an above contract cost. C. Drawings. (i) To the extent required by the design and specifications of the Work, Security 101 shall provide reasonable descriptions of the functional operation of the system(s) being provided by the Work by furnishing riser diagram drawings. (ii) Unless otherwise stated in schedule of work, Security 101 may provide, at Customer's request and at an above contract cost, detail drawings utilizing industry standard electronic floor plans. D. Ownership Prior to completion of the Work, any drawings, specifications and equipment lists developed in connection with the design for the Work shall remain the property of Security 101 whether the Work for which they were made is executed or not. Drawings, specifications and equipment lists shall be returned to Security 101 on demand at any time prior to substantial completion of the Work. Prior to substantial completion of the Work, any drawings, specifications and equipment lists: (a) shall be considered confidential information and trade secrets of Security 101 unless they constitute information which is exempted or excluded by law from confidential and trade secret status; (b) shall not be used by Customer 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 Security 101; and (c) are not to be reproduced in whole or in part without prior written consent of Security 101. Upon substantial completion of the Work and final payment in full by Customer, ownership of drawings, specifications and equipment lists shall become Customer's. E. Software License(s). Software required to operate systems are governed by the License Agreement provided by the system manufacturer(s). Alarm System A. A separate alarm monitoring agreement will be required for alarm monitoring services. B. All call lists and contact names are to be provided in writing. Additional Terms and Conditions 5. General A. Customer to make available adequate mounting space for all head end devices. Mounting space requirements will be provided to Client upon award. B. Any High voltage (greater than 48 VAC) requirements are not quoted, unless specifically identified in the scope of work and /or th equipment list. C. This installation will be done with plenum -rated wire where required for low voltage work installed in free air, above ceilings and in partition walls. This installation does not include costs for asbestos abatement related work. d) Conduit is not included, unless specifically identified in the scope of work and /or the equipment list. 6. Installation A. All required installation documents are included. B. Installation of all required equipment and materials with on -site supervision of project is included. C. Labor quoted assumes normal eight (8) hour working days, excluding weekends, holidays and overtime. D. Idle time incurred by Security 101 employees and their subcontractors due to escorts, clearances, inability to enter workspace, and other factors beyond our control, will be invoiced at our current labor rates. E. This proposal includes travel to and from the site to perform our stated scope of work. Additional or duplicate site visits required due to factors beyond our control, will be invoiced at our current labor rates. F. Client to coordinate with local Security 101 staff to provide safe and timely right -of- passage in the work area during cable run and system installation. G. Client to provide and coordinate 110 VAC electrical service where needed. H. All LAN/WAN connections, addressing and network functionality are the responsibility of the Client. I. Any telephone lines or LAN/WAN connections must be installed and operational prior to Security 101 commencing work. The local Security 101 representative will verify the availability and functionality of all connections prior to starting work. 7. Changes in Scope of Work A. Any changes in the understood scope of work will be communicated and approved in writing (by an authorized Client representative), prior to commencing work. 8. Permits /Bonding Page 3 • Security= Protecting People, Property& Profits Terms and Conditions (cont) Proposal 39992.2 Panic Alarm Village Council A. Unless otherwise stated in the schedule of work herein, all costs for or associated with Permits, Bonds, and other requirements by any government agency are the responsibility of the customer. Customer shall immediately reimburse and /or pay said costs upon written request or invoice from Security 101. 9. Sealed Engineered Drawings A. Sealed Engineered Drawings are not included, unless specifically identified in the scope of work and /or equipment list. B. Customer is responsible to provide the unbound Awg (AutoCAD) electronic files as required. 10. Miscellaneous A. The bold headings and numbered paragraphs are for convenience only, have no legal significance, and shall not be deemed to alter or effect any provision of this Agreement. B. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and /or any other caus beyond the reasonable control of the party whose performance is affected. C. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. D. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable. Page 4 `�• Security101 Accep Protecting People, Property & Pro% Proposal 39992.2 Panic Alarm Village Council For the amount of 3,998.15 (tax not included) This proposal dated January 29, 2015 is valid until March 29, 2015 The person or persons below 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 Warranty Service Plan, if included as a part of this proposal. This system proposal is intended to provide the customer partial protection of the designated premises. Its design should be understood to represent a compromise between the costs, understood scope of work and customer feedback. Accordingly, such a system may not provide ample protection from all possible threats, and Security 101 shall not be responsible in such an event. Payment Terms 50% upon Deposit 50% upon Job Complete Under no circumstances may the customer 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 Security 101. Security 101 may assign this Agreement to any other person, firm or corporation without notice to or approval by the customer and may subcontract any activities which may be performed under this Agreement, either voluntarily or by operation of law, without the consent of the customer. Village of Tequesta Police Department Security 101 - WPB Au t horized Customer Signature ( te) Authorized Security 101 Signature (date) 1" l I der-(- ( o u W Printed Name m Printed Name M ana . r — Title Title Purchase Order Number Page 5 ADDENDUM Public Records: In accordance with Sec. 119.0701, Florida Statutes, the Contractor must keep and maintain this Agreement and any other records associated therewith and that are associated with the performance of the work described in the Scope of Services. Upon request, the Contractor must provide the public with access to such records in accordance with access and cost requirements of Chapter 119, Florida Statutes. Further, the Contractor shall ensure that any exempt or confidential records associated with this Agreement or associated with the performance of the work described in the Scope of Services are not disclosed except as authorized by law. Finally, the Contractor shall retain the records described in this paragraph throughout the performance of the work described in the Scope of Services, and at the conclusion of said work, transfer to the Village, at no cost to the Village, all such records in the possession of the Contractor and destroy any duplicates thereof. Records that are stored electronically must be transferred to the Village in a format that is compatible with the Village's information technology systems.