HomeMy WebLinkAboutC02-050 Vail Electronics - fire alarm, etc. eagle county facilitiesAGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES
FOR
Fire Alarm and Security Systems
Monitoring, Test, Inspection and Repair Services
This Agreement Regarding Provision of Professional Services For Fire Alarm and Security
Systems Monitoring, Test, Inspection and Repair Services dated as of 1E C--`6 Z--(c , 2002, is
between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board
of County Commissioners ( "County "), and Vail Electronics Ltd., a Colorado corporation ( "Contractor ").
A. Contractor has submitted to County a Proposal for performing the Services (defined in section 1) and
represented that it has the expertise and personnel necessary to properly and timely perform the
Services.
B. Contractor and County intend by this Agreement to set forth the Scope of the responsibilities of the
Contractor in connection with the Services and related terms and conditions to govern the
relationship between the Contractor and County in connection with the Services.
RV70 0 - 0-1 4211
Therefore, for good and valuable consideration, including the promises set forth herein, the parties agree
to the following:
1. Scope of the Services: Contractor's Services consists of those services performed by the
Contractor, Contractor's Employees and Contractor's consultants. The Contractor shall provide
all labor, materials and equipment necessary to perform and complete the Services described
herein and as follows ( "Services "):
a) Services described in Contractor's proposal which is attached hereto as Exhibit "A ". In
the event of any conflict between this Agreement and the provisions of Exhibit "A ", the
terms of this Agreement shall prevail over the others. The Request for Proposal Services
to provide Fire and Security Alarm Systems Monitoring and Test and Inspection
Services for Eagle County Facilities is incorporated into this agreement by reference.
b) The contractor shall, upon commencement of services, provide a list of fire alarm system
devices, for each facility, showing their type and location. The county reserves the right
to purchase repair services and labor under the terms and rates established in the
agreement.
C) The contractor hereby acknowledges that he/she is able to service and repair all fire
alarm system equipment currently installed at the county facilities covered by the
agreement. The contractor further acknowledges that monitoring services shall be
placed and maintained with a UL certified fire alarm and security system monitoring
service, which shall be Central Security, Inc. located in Greeley, CO., and that the cost of
any long distance telephone services shall be included in the rates established as part of
the agreement and that there shall be no additional charges for monitoring.
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d) Contractor shall not transfer monitoring services from the provider identified in Article
1(c) herein without the express written permission of County. In the event of an
approved transfer, Contractor shall bear the cost of any transferring of monitoring
services to the UL certified monitoring company used by Contractor. County shall pay
for any changes to hardware or software associated with the fire alarm and security
systems equipment necessary to transfer monitoring services.
e) The Parties hereto recognize that the scope of the Services may change. When the
Contractor believes that the scope of the Services has been changed or that by reason of
a decision of County it will be required to redo properly completed Services, the
Contractor shall immediately advise County of such belief and shall also provide a
statement of the maximum additional charges for such Services. The Contractor shall
not be entitled to be paid for any such additional Services unless and until County agrees
in writing that the scope of the Services has changed and accepts the statement of the
maximum additional charges.
2. Contractor's Professional Level of Care: The Contractor shall be responsible for the
completeness and accuracy of the Services, including all supporting data and other documents
prepared or compiled in performance of the Services, and shall correct, at its sole expense, all
significant errors and omissions therein. The fact that the County has accepted or approved the
Contractor's Services shall not relieve the Contractor of any of its responsibilities. The
Contractor and its professional consultants shall perform the Services in a skillful, professional
and competent manner and in accordance with the standards of care, skill and diligence
applicable to fire and security alarm equipment services providers with respect to similar
Services.
Time of Performance and Termination:
a) The initial term of this Agreement is from the date the contract is executed by County to
December 31, 2002. Fire panel monitoring for the Maintenance Service Center shall
commence upon request. Security system monitoring at the Justice Center Annex shall
commence upon request. The term shall automatically renew for an additional one year
term commencing January 1 of each consecutive year for four (4) additional years unless
one of the parties gives notice in writing to the other, at least 90 days before the
anniversary, of its intention not to renew. The parties recognize that County is a
governmental entity and that all obligations beyond the current fiscal year are subject to
funds being budgeted and appropriated. Contractor agrees that during the year 2002
services at the Blue Lakes Courts facility shall cease and be replaced with services to the
new Eagle County Community Center building at 0020 Eagle County Drive, El Jebel,
CO. Services shall consist of fire panel monitoring, security system monitoring and fire
panel / security system test and inspection. Services for monitoring shall be priced at the
rates in effect at the time and services for test and inspection shall be based upon the
number of devices serviced. The rates of compensation provided hereunder shall not
change during a renewal period unless approved in writing by County and Contractor
before the commencement of the renewal term.
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b) If the Term of this Agreement is renewed, at any time thereafter, Contractor may
terminate this Agreement by giving the County written notice of its intention to
terminate, specifying the effective date of the termination, at least 90 days before that
effective date.
C) County may terminate this Agreement immediately, in whole or in part, for its
convenience upon providing notice to the Contractor. Such termination shall be
effective upon receipt of the notice by Contractor or upon such other date as specified by
County.
d) Notwithstanding anything to the contrary contained in this Agreement, no charges shall
be made to County nor shall any payment be made to Contractor for any Services done
after December 31, 2001, without the written approval of the County in accordance with
a budget adopted by the Board of County Commissioners in accordance with the
provisions of Article 25 of Title 30 of the Colorado Revised Statues and the Local
Government Budget Law (C.R.S 29 -1 -101 et seq.).
4. Compensation and Payment: In consideration of its performance of the Services, the Contractor
shall be paid as follows:
a) County will pay $2,970, or $330 for each of six fire alarm system monitoring locations
and three security alarm system locations, for annual monitoring services. Contractor
will bill annually , in advance, for these services. Services for monitoring at the
Maintenance Service Center (MSC) and the Eagle County Community Center shall
commence upon request. Services for test and inspection will be billed at the time
performed according to the rates and schedule established in Exhibit A.
b) Rates established in the agreement shall remain in effect during the duration of the
agreement and shall apply to all services rendered under the agreement including repair
services. Any change in rates will only occur at the beginning of a renewal period if
previously agreed to by the County and Contractor in writing.
C) Invoices shall describe the Services performed. Upon request, Contractor shall provide
County with such other supporting information as County may request.
d) All invoices will be sales tax free because County is a government exempt from such
taxes.
e) The Contractor shall maintain comprehensive, complete and accurate records and
accounts of its performance relating to this Agreement for a period of three (3) years
following final payment hereunder, which period shall be extended at County's
reasonable request. County shall have the right within such period to inspect such
books, records and documents upon demand, with reasonable notice and at a reasonable
time, for the purpose of determining, in accordance with acceptable accounting and
auditing standards, compliance with the requirements of this Agreement and the law.
Project Management: _ Gary Gauger shall be designated as Contractor's Project Managers for the
Services. County's Director of Facilities Management shall be County's manager responsible
for this Agreement. All correspondence between the parties hereto regarding this project shall be
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between and among the project managers. Either party may designate a different project
manager by notice in writing.
6. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that
nothing contained in this Agreement shall result in, or be construed as establishing, an
employment relationship. Contractor shall be, and shall perform as, an independent contractor.
No agent, subcontractor, employee, or servant of Contractor shall be, or shall be deemed to be,
the employee, agent or servant of County, The 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 Agreement.
7. No Subcontracting; No Assi ng ment: The Contractor understands and hereby acknowledges that
County is relying primarily upon the expertise and personal abilities of Contractor. Contractor
may not subcontract or delegate any part of the Services or substitute subcontractors without
County's written consent, which consent County may exercise in its sole discretion. Neither
Contractor nor its subcontractors may assign its interest in the Agreement or in its subcontract,
including the assignment of any rights or delegation of any obligations provided therein, without
the prior written consent of County, which consent County may withhold in its sole discretion;
provided that County hereby consents to any assignment to a successor entity to Contractor and
to an assignment to an entity affiliated (by ownership) with Contractor. Except as so provided,
this Agreement shall be binding on and inure to the benefit of the parties hereto, and their
respective successors and assigns, and shall not be deemed to be for the benefit of or enforceable
by any third party. Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Agreement.
8. Ownership of Documents: Records of Service provided under this Agreement shall be given to
County at its request.
9. Insurance: At all times during the term of this Agreement, Contractor shall maintain the
following insurance:
a) Type of Insurance Coverage Limits
b) Comprehensive Liability $1,000,000 minimum
C) Workers' Compensation As required by Colorado law
C) All insurance required hereby shall be issued by an insurance company or companies
authorized to do business in the State of Colorado. The Contractor shall deliver
certificates of required insurance to the County within fifteen (15) calendar days of
execution of this Agreement by the Board.
d) Before permitting any subcontractor to perform any Services under this Agreement,
Contractor shall either (1) require each of his subcontractor to procure and maintain,
during the life of his subcontracts, insurance which meets the requirements for the
Contractor herein, or (2) provide for insurance of the subcontractor in Contractor's own
policies in the amounts required herein above.
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10. Indemnification: Within the limits allowed by law, each party hereto shall indemnify the other
party for, and hold and defend the other party and its officials, boards, officers, principals and
employees, harmless from all costs, claims and expenses, including reasonable attorney's fees,
arising from claims of any nature whatsoever made by any person in connection with the acts or
omissions, or representations by, the indemnifying party. This indemnification shall not apply to
claims by third parties against the indemnified party to the extent that the indemnified party is
liable to such third party for such claim without regard to the involvement of the indemnifying
party.
The Contractor acknowledges that in agreeing to the foregoing indemnification, County is
relying on, and does not waive or intend to waive, the monetary limitations, or any other rights,
immunities and protections provided by the Colorado Governmental Immunity Act, (C.R.S
§24 -10 -101 et seq.), as from time -to -time amended or as otherwise available to County, its
commissioners, officers and employees, all of which rights, immunities and protections County
expressly retains.
11. Notices: Any notice and all written communications required under this Agreement shall be
given in writing by personal delivery, FAX or mail to the appropriate party at the following
addresses:
a) Contractor: Gary Gauger and Ilene Gauger
Vail Electronics Ltd.
23698 Highway 24
P.O. Box 460
Minturn, CO 81645
b) County: Richard Cunningham
Director, Facilities Management Dept.
Eagle County
PO Box 850
Eagle, CO 81631
C) Notices shall be deemed given on the date of delivery if delivered by personal delivery
or delivery service such as Federal Express or United Parcel Service, or three days after
the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal
Service.
12. Miscellaneous:
a) The Contractor shall not discriminate against any employee or applicant for employment
to be employed in the performance of this Agreement on the basis of race, color,
religion, national origin, sex, ancestry, physical handicap, sexual orientation, age,
political affiliation or family responsibility. The contractor shall require all consultants
to agree to the provisions of this subparagraph.
b) The making, execution and delivery of this Agreement by the parties hereto has not been
induced by any prior or contemporaneous representation, statement, warranty or
agreement as to any matter other than those herein expressed and set forth in the Vail
Electronics Ltd.'s Monitoring Agreement attached hereto. These two Agreements
embody the entire understanding and agreement of the parties, and there are no further or
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other agreements or understandings, written or oral, in effect between them relating to
the subject matter hereof. These Agreements may not be amended, including by any
modification or, deletion from or addition to the scope of the Services, except by a
written document of equal formality executed by both parties hereto. In the event there
are conflicting terms contained in this Agreement and the Vail Electronics Ltd.'s
Monitoring Agreement, the terms and conditions set forth in this Agreement shall
control.
C) This Agreement shall be governed by and construed in accordance with the internal laws
of the State of Colorado, without reference to choice of law rules. The parties agree that
venue in any action to enforce or interpret this Agreement shall be in the District Court
in the 5th District for the State of Colorado.
C) This Agreement does not and shall not be deemed to confer upon or grant to any third
party any right enforceable at law or equity arising out of any term, covenant, or
condition herein or the breach thereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
n
Clerk to the Boar(Yof
County Commissioners
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
S�
o�
By:
1� N 0 Michael Gallagher, Cha•
Vail Electronics Ltd.
Y•
print name
print title
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PROPOSAL FOR EAGLE COUNTY
FIRE AND SECURITY ALARM SYSTEMS
Vail Electronics, Ltd. is Eagle County's oldest, continuously owned, alarm company. We have been
doing business in the valley since 1981. We are not the largest company in the valley. We have
chosen to focus on quality — rather than quantity. The company is owned by Gary Gauger. Gary
has a degree in electrical engineering. He provides technical assistance for our technicians. It is a
family run business. Gary's wife, Ilene, answers the phone and schedules the technicians. Gary's
brother -in -law, Ron, does sales. What this means to you — the customer — is that you can be assured
that the people who will be answering your questions, scheduling your work, providing technical
assistance, etc. are people who are not simply employees. It is our company. We will know who
you are when you call in. You will not have to go through layers of bureaucracy to finally reach the
right person to help you.
This does not mean that we are "too small" to do the job. We pride ourselves in having the best
pool of technicians in the valley that are available 24 hours a day, seven days a week. We have a
monitoring company that is U.L. listed and has been in business for 38 years in this state. We have
an up -to -date computer system that can handle any of your reporting needs.
Since 1981, our reputation for quality, innovation, professionalism and honesty has been carefully
built with hundreds of successful installations. We have been doing business with Eagle County since
1988. Our philosophy is that we treat the customer's money as if it were our own. You can count
on us to always be honest with you. We will look for ways to economize and fully utilize your
existing resources. We will never try to sell you something that you do not need. We have had
some of the same customers for 20 years now. They remain our customers out of respect — not out
of contracts that we force them to keep.
In summary, our company will provide the highest level of service of anyone in this valley. You will
not simply be another account number. You will be our customer. That's something we take very
seriously.
The following is the information you asked us to include in our proposal:
1. As you are aware, there are not that many comparably sized projects in this valley. Two
that come readily to mind are the Eagle County School District and the Town of Vail.
2. The contact person for the Eagle County School District is Jim Sturgill. He can be reached
at 970 -328 -1324. The contact person for the Town of Vail is Henry Lovato. He can be
reached at 970 -390 -2199. If you would like additional references, we will gladly supply
you with a list of general contractors, property managers, individual clients, etc.
3. Our normal hourly rate is $75.00 /per technician /per hour. Our normal after business
hours rate is $11230. We will provide a discounted rate for Eagle County. We will bill at
$ 70.00 /per technician /per hour. Our after business hours rate will be $105.00. Our
minimum bill for service calls during business hours will be $ 52.50 (based on %s hour travel
time and a minimum of 15 minutes work). Thereafter, billing will be done in 15 minute
increments. Our minimum bill for service calls after business hours will be $78.75 (based
on '/z hour travel time and a minimum of 15 minutes work).
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23698 Highway 24 ■ P.O. Box 460 ■ Mintum. Colnuidn A1645 ■ 97n1R97 -9190 ■ Fny 97NR97_0113a = 1_Qnn_Q,r'_07nA ASSOCuTK)N
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4. Vail Electronics, Ltd. has 9 employees — 6 of which are technicians. We have a technician
on call 24 hours a day, 7 days per week. The technician is reachable by pager. As I
mentioned before, we are very fortunate to have an excellent staff. Our technicians are also
a part of our family. They know that if they are having problems figuring something out —
they can always call Gary as a backup. They also rely on each other U communicate on-
going problems or situations on a daily basis. Here again, I think we are the perfect size to
best meet our customer's needs. We are large enough to have adequate staffing 24/7 — but
also small enough that our technicians are familiar with our customers.
S. All after hours calls go to our pager. This number is 970 -949 -3949. Gary is also available
to provide additional support. His home number is 970 - 926 -2024.
6. A complete bid per location follows. Monitoring of alarm systems is normally $35.00 per
month. We will provide monitoring services for the County at $30.00 per month, billed
quarterly, or annually in advance. if you prefer to pay annually in advance, we will give you
one month free. This equates to a monthly monitoring charge of $27.50.
7. Our monitoring services includes daily timer tests and all alarm and trouble conditions.
Account activity will be mailed on a monthly basis. We pride ourselves in following up to
ensure reset codes are always received after alarm or trouble conditions. Our test and
inspections include cleaning all photoelectric smoke detectors per the manufacturer's
specifications. Sensitivity testing is performed per the manufacturer's specifications. NFPA
guidelines under Standard 72, National Fire Alarm Code are adhered to. All fire alarm
initiating devices are tested and we will also note which devices were tested for both alarm
and trouble conditions. A complete list of devices and their locations will be sent within 5
working days. The buildings that are sprinklered will need to have the sprinkler devices
tested by a certified sprinkler company.
8. The site walk - through was completed on 1 -23-01 by Gary Gauger and Paul Gregg.
Bid Sheet — annual costs
LOCATION
FACILITY
TYPE OF SERVICE
Eagle
Eagle County Bldg.
Fire Panel Monitoring
500 Broadway
Fire — Test a Inspection
Security Monitoring
Security — Test U Inspection
Eagle
Old Court House
Fire Panel Monitoring
550 Broadway
Fire — Test U Inspection
Eagle
Animal Shelter
Fire Panel Monitoring
0955 Fairgrounds Rd.
Fire — Test et Inspection
Eagle
Justice Center
885 Chambers Rd.
Fire — Test U Inspection
Security Monitoring * *
Security — Test u Inspection
Eagle Justice Center Annex Fire Panel Monitoring
ANNUAL COST
$330.00
$835.00
$ 330.00
$280.00
$ 330.00
$ 535.00
$ 330.00
$295.00
$1600.00
$ 330.00
$140.00
$ 330.00
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955 Chambers Rd.
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Fire — Test U Inspection $535.00
Eagle Senior Center
Fire Panel Monitoring
$330.00
713 Broadway
Fire — Test U Inspection
$175.00
Gypsum Maint. Service Center
Fire Panel Monitoring
$330.00
3289 Cooley Mesa
Fire — Test U Inspection
$2065.00
El Jebel Blue Lakes Building
Security Monitoring
$330.00
0189 ]W Drive
Security — Test az Inspection
$150.00
Total Annual all locations
$9580.00
* *Justice Center Fire panel is currently monitored by Jail Staff. We can either monitor the security
system by utilizing our monitoring company or we are suggesting that Jail Staff could also be utilized
for the security monitoring for a savings of $330.00 annually.
We also recommend that the Old Court House Simplex panel be abandoned and the initiating
devices be replaced and connected to the Eagle County building panel when it is replaced. This
would eliminate the need for monitoring of that building (a savings of $330.00 annually) and also
the high cost of maintenance of the Simplex panel. Please note: we can obtain Simplex parts and
service support through Simplex. However, programming and Simplex support is very expensive
because their equipment and knowledge are kept proprietary. We have been working with Simplex
since 1982 and have services many of their various products.
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ANNUAL TEST & INSPECT10N SCHEDULE
Eagle County Annex — January
Eagle County Animal Shelter -- January
Eagle County Blue Labe — March
Eagle County Building Fire — January
Eagle County Building Secuiity — 7anuary
Eagle County Old Courthouse — January
Golden Eagle Senior Center — October
Eagle County Justice Center - October
23698 Highway 24 9 P.O. Box 460 a Mintum, Colorado 81645 ® 970/827 -9120 a Fax 970/827 -9126 a 1 -800 -843 -2704
1
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ASSOCIATION
AIL
ELECTRONICS
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Client Name:_
Premise address:
Site Phone #1
Site Phone #2 (�
Address:
C
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CONFIDENTIAL PERSONAL INFORMATION
MUST BE FILLED OUT COMPLETELY
Vail Electronics, Ltd.
P.O. Box 460
Minturn, CO 81645
970- 827 -9120
970 - 827 -9126 Fax
Central Station A /C# System Type:
Billing address:
Out of Town Phone # (_)
Fax # ( ) Email
Communication Center Responsible Party Call List (need a minimum of two contacts)
NAME
PHONE
CODE
PASSWORD
COMMENTS
1.
Standby Guard Service
Yes ❑ No ❑
Open and Close Reports
Yes ❑ No 0
2.
Yes ❑ No ❑
3.
4.
5.
6.
7.
8.
9.
10.
Services
Purchased
Central Station Monitoring
Yes ❑ No 0
Keyholding
Yes ❑ No ❑
Standby Guard Service
Yes ❑ No ❑
Open and Close Reports
Yes ❑ No 0
Daily Timer Tests
Yes ❑ No ❑
Caretaker's Name
Names and types of pets
Special Instructions (gate codes, garage codes)
Keys to Vail Electronics: Yes 0 No ❑
Insurance agent
Address
Services
Purchased
Vail Electronics Maintenance
Program
Yes ❑ No ❑
Test & Inspect Program
Yes ❑ No 0
Cellular Service Back Up
Yes ❑ No ❑
Yes ❑ No ❑
Yes 0 No ❑
Phone (_)
Phone (�
Fax (_)_
Live in: Yes ❑ No ❑
I understand that in accordance with my contract, even though access to my premises will be given only to authorized
personnel, Vail Electronics accepts no liability whatsoever for access or keys to my property. ,7 1
Signature of Client
Print Name
