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HomeMy WebLinkAbout2011-09-20-4:00PM-REGULAR (2)�emn��;sicnPr; NI nu es V c.e r -from .S e�+c-m r r CC n cA Vo 310 A -1 FIRE & SE1 C- 'U1ttT P. O. BOX 7654 * WACO, TEXAS 76714 * (254) 776-8887 CONTRACTUAL AGREEMENT Date: 10fl /2011 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY AnIfAINISTRATION BUILpiNG PhysicaU6iiling Address 200S.7 Ea(AS AYE., BRY iiV, TX 77803 Phone: Fax: Acct. # 3932 Purchase Rec. 2 Lease System to Consist of: Maintenance Agreement FIRE ALARM MONITORING OWNER FURNISHED EQUIPMENT X Monitoring Agreement Installation Fee X Other CONTRA TENDS 9-30-12 Monthly Lease Fee Purchase Price Monthly Monftoring Fee $32.50 Installation Fee Down payment Applicable taxes to be added Other BILLING: BRAZOS CTY BUILDING MAINTENANCE, 209 N. WASHINGTON BRYAN, TX 77803 PHONE: 979 -301 -4670 TERM: The initial length of this contract is for 12 mor the beginning on the above data and this contract wili automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for r 0_ year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices, MRM8 AND CONDITIONS APPLYING -TO MONITORING 8FAVIGe3 1. AGREEMENT: Alarm Center, Inc, and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc, agree that Alarm Cantor, Inc. sole and only obligation under this agreement shall be to monitor signails received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the customers premises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and/or the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly set the alarm system at the time the premises are secured or all functions are set to the nomtal status. The customer shall carefully and property test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Center, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement steali continue for as long as customer contracts with Alarm Center, Inc, for the performance monitoring services. In the event that the customer falls or refuses to make payment for services fumished or to be furnished, Alarm Center, Inc, will give Customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Naar Center, Inc. rasponslbillties thereunder shall come to an end as of the date fixed in such notice was the term fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Canter Inc. option, should the customer's alarm equipment become so substantially damaged that further service is impractical, 4. LIABILITY: Alarm Center, Inc, shall not be liable for any loss or damage caused by defects or deficiencies In the alarm equipment or system, nor shall Alarm Center, Inc. incur any liability for delay in response time or non-response of police, fire or other authorities, institutions or individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liability for interruption of services due to strike, wadriots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc, including interruption in the eieC WCal utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shag likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 8. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc, shalt not be obligated to test your systems phone fines for functionBGty (unless otherwise stated). It is recommended that you test your sy8tern weekly for communication 'Vol..� 51 Pg. I signals to our central station as well as tunctian6 of me panel ano its equipment. GEN a 0 t;or�tnrno 1 REPAIRS SERVICE: Repairs service pursuant to this Agreement will be'urnished by Alarm Center, inc. during its normal working hours, Monday through Friday except holidays. Alarm Ce►it�r, Inc, shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, inc, shall t be responsible service due to cause beyond its control. Re r n for failure to render Yo pairs services rendered outside he normal working hours of Alarm Center are not within the scope of Alarm Center, Inc. responsibility, howev r repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and AJarrn Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described an it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any loss occasioned by malfe ante or misfeasance in the performance of the services under this contract or for any loss or damage sustained throug burglary, theft, robbery, fie or other cause or any liability on the part of Alarm Center, Inc, by virtue of this agreement or cause of the relation hereby established, If there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid aid received as liquidated damages, Such liability as herein set forth is fixed as liquidated damages are not as a pen+ and this liability shall be complete and exclusive. That in the event Subscriber esires Alarm Center, Inc. to amfpe greater liability for the performance of Its services hereunder a choice is hereby jiven of obtaining full or limited liability by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth t�e additional liability of Company and additional charge and rider and additional obligation shall In no way be Inte prated to hold company as an insurer. ASSIGNMENT: This agreement may be sold, transferred and assigned 6y Mann Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc., 2. APPROVAL; This agreement is not binding unless approved by an offick and/or duly appointed representative of Alarm Center, Inc_ in the event of failure of approval as aforesaid the only fiIability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon th signing of this agreement 3. CHANGES TO AGREEMENT: This constitutes the entire agreement beeen the customer and Alarm Center, Inc. and no representation or statement not oontained in the agreement shall 4 binding upon Alarm Center, Inc, as a warranty or otherwise. The terms of this conditions of this agreement shalt 6revall not withstanding any variance with the terms and conditions of any order submitted by the customer, 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Gentbr, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non- operation of the alarm a uipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty) because its satisfactory operation or non - operation can be affectdd by that customers alarm equipment or system. In this regard Alarm Center, Inc, makes no implied warranties Incl6ng but not limited to the implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph shall be the same as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OT ER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND IN ICATED BELOW THE TYPE OF TRANSMISSION COVERED BY THiS AGREEMENT, DIRECT LINE/MULTIPLEX X STANDARD TELEPHONY LINE TRANSMISSION RADIO/CELLULAR BACKUP ,._ _ OT14ER APPROVED BY CUSTOMER: APPROVED FOR ALARM CENTER, Vol. 15)- pg. a, A -1 HKE & SEUUK1j,V - P. U. BOX 7654 * WACO, TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT [Date: 101112011 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY COURTHOUSE Ptrysical/Billing Address 300 E. 28TH, BRYAN, TX 77803 Phone: Fax: Acct. i 4148 Purchase Rec. 2 Leese System to Consist of: FIRE ALARM MONITORING i( Maintenance Agreement OWNER FURNISHED EQUIPMENT Monitoring Agreement Installation Fee x Other CUNTRAGT ENDS 9 -30 -12 Monthly Lease Fee Purchase Price Monthly Monitoring Fee $32.50 Installation Fee (Down payment Applicable taxes to tie adder! other BILLING: B BOIL ING M INT)NANCE, 208 N. WASHINGTON BRYAN, TX 778 3 PHONE: 879�381�570 TERM; The initial l9n9th of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND CONDITIONS APPLYING TO M0Mi1'aRING SERVICES 1. AGREEMENT; Alarm Center, Inc, and the customer have entered rNo an Agreement wherein and whereby Alarm Center, Ina will provide alarm monitoring services for the customer. The customer and Alarm Center, Inc. agree that Alarm Center, Inc, sole and only obligation under this agreement shall be to monitor signals received from the alarm equipment or system and to respond thereto upon the receipt of a signal from the cust0M6ra promises, shall make every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and/or the person or persons whose names and telephone numbom are set forth in the "Responsive Party Dots" unless there is just cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and properly Be the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and property test the alarm equipment or system at least once each month and shall immediately report in writing to Alarm Centor, Inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: 'This agreement shall continue for as long as customer contracts with Alarm Center, Inc, for the performance monitoring services. In the event that the custorer fails or refuses to make payment for services furnished Of to be furnished, Alarm Center. Inc. will give customer of least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and all of Alarm Center, Inc. responsibilities thereunder shall come to an end as of the date fixed in such notice was the term fixW in the agreemerd between Alarm Center, Inc, and the customer, also this agreement may be suspended, at Alarm Center Inc. option, should the customers alarm equipment become so substantially damaged that further service is impmcucal, 4, LMILITY; Alarm Center, Inc, shalt not be liable for any loss or damage caused by defects or defidendes in the alarm equipment or system, nor shell Alarm Center. inc. incur any liability For delay in response time or non - response of polka, fire or other authorities, Institulions or individuals notified by Alarm Cenfer, Inc.. 5. INTERRUPMON OF COMMUNICATION: Alarm Center, Inc, shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be worki ng ng since signals ri ri Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing, Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including Intemrption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise root be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomBna, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc, shall not be obligated to test your systems phone lines for functionality (unless athefwise slated), It is recommended that you test your system weekly far communication Voi. 16l Pg. signals to our central station as well as tunction6 of me paver ana'm equipment. GEN � TO M S AND ND 1Q 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be fumished by Alarm Center, Inc, during its normal working hours, Monday through Friday except holidays. Alarm Cerit�r, Inc, shall have full and free aocess to the equipment to perform repairs service thereon. Alarm Canter, Inc. shall of be responsible for failure to render service due to cause beyond its control. Repairs services rendered outside he normal working hours of Alarm Center are not within the scope of Alarm Center, Inc- responsibility, howev r repairs service for holidays and off work hours may be provided if a mutual agreement is entered between customer and Alarm Center, inc., 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services herein described an it is not the intention of the parties that Alarm Center, Inc. assume responsibility for any lass occasioned by maife sane or misfeasance in the performance of 'the services under this contract or for any loss or damage sustained thmug burglary, theft, robbery, fire or other cause or arty liability on the part of Alarm Center, inc. by virtue of this agreement or use of the relation hereby established. If there shall not withstanding the above provisions at any time be or arise any liability an the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sunm equlal in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid aid received as liquidated damages. Such liability as herein set forth is fixed as liquidated damages are not as a pena and this liability shall be complete and exclusive. That in the event Subscriber "esires Alarm Center, Inc. to assn a greater liability for time performance of Its services hereunder a choice is hereby jiven of obtaining full or limited liabily by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth the additional liability of Company and additional change and rider and additional obligation shall In no way be lnter< hated to hold company as an insurer. 1. �VVV ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign subiease or transfer his rights herein without written consent of Alarm Center, Inc,. 2. APPROVAL: This agreement Is not binding unless approved by an officer and/or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only riability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon th signing of this agreement. 3. CHANGES TO AGREEMENT, This constitutes the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall b6 binding upon Alarm Center, Inc, as a warranty or otherwise. The terms of this conditions of this agreement shall brevail not Withstanding any variance with the terms and conditions of any order submitted by the customer. d. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc, then Alarm Center shall not be liable for the operation or non - operation of the alarm a uipment or system_ Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affected by that customers alarm equipment or system. In this regard Alarm Center, inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the limits of liability under this paragraph (shall be the same as above stated in Paragraph 2, Limit of Liability. YLQUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT 1041DERSTAND E TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OT ER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND ill iCATED BELOW THE TYPE OF TRANSMISSION COVERED BY THIS AGREEMENT. DIRECT LINFJMULTIPLEX X STANDARD TELEPHONE LINE TRANSMISSION ^� RADIO /CELLULAR BACKUP rums APPROVED BY CUSTOMER; APPROVED FOR ALARM CENTER, VOL ) 5 � pg. 'Ll ) A -1 FIRE & SECURITY P. O. BOX 7654 * WACO; TEXAS 76714 * (254) 776 -8887 CONTRACTUAL AGREEMENT Date: 10/1 /2011 Attachment Between Alarm Center, Inc, and BRAZOS COUNTY SHERIFF$ DEPT PhysicaltBiliing Address 1700 HWY 21 WEST, BRYAN, TX 7T$d3 Phone: Fax: Acct 111 3$53 Purchase Rec. 2 Lease System to Consist of; --� FIRE ALARM MONITORING MaintananceAgreement O NER FURNISHEQ E UIPMENT X Monitoring Agreement Installation Fee X Other CONTRACT ENDS 9 -30 -12 Monthly Lease Fee Purchase Price Monthly Monitoring Fee $32.50 Installation Fee Dawn payment Applicable taxes to be added Other BILLING: B OS CTY BUILDING MAINTENANCE, 206 N. WASHINGTON BRYAN, TX 77803 :879- 361 -4570 TERM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically review on the annuity date for periods of O T year terms thereafter and continue to renew lvr 0_ _ year periods unless either party shall nowt' the other, in writing, of its intention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period Add applicable taxes bb all prices. T_ERM3 ANO CONDiTiOMS Appl,ylNG TO IYIONITORINt3 SERVICES 1. AGREEMENT; Alarm Center, Inc, and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the customer. The customar and Alarm Center, Inc, agree that Alarm Center, Inc. sole and only obligation under this agreement shalt be to monitor signals received from the alarm equipment s that Al or Center and to respond thereto upon the receipt of a signal from the customer's promises, shall make every reasonable effort to transmit notirrcation of the alarm promptly to the police, fire or other autbodUes and/or the person or persons whose names and telephone numbers are set forth in the 'Responsive Party Data` unless there is just cause to assume that an emergency condition does not exist 2. USE OF ALARM: The customer shall carefully and property Set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shop carefully and Properly test the alarm equipment or system at least once each month and shall irnmedlatety report in writing to Alarm Center, Inc, any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION: This agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services, to the event that the Customer fails or refuses to make payment for services furnished or to be fumistl@d, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such services and upon giving such notice, this agreement and 811 of Alarm Center, inc. responsibilities thereunder shalt come to an end as of the date Axed in Bunn notice was the term faced in the agreement between Alarm Canter, Inc_ and the cLegarner, also this agreement may be suspended, at Alarm Center Inc, option, should the customers alarm equipment become sn substantially damaged that further service is impractical. 4. LiABiLITY: Alarm Center, Inc, shall not be liable for any loss or damage caused by defects or da6clencies in the alarm equipment or system, nor shell Alarm Center, Inc. Incur arty liability for delay in response time or non - response of pofice, fire or other authorities, instilutfons or individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc, shall not be obligated to perform arty monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc, are received solely by means of telephone communication, unless stated otherwise in writing_ Alarm Center assumes no liability for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc, Including interruption in the electrical utility service. Alarm Center will not ba required to supply service to the customer while interruption of service due to any such cause shall PMV&ll or continue, Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to bast your syaterrts phone lines for funcflonelity (unless otherwise stated)_ It is recommended that you test your system weekly for communication Vol. 1 5J pg. signals to our central station as well as tunctions of the pane[ ano rm 1. REPAIRS SERVICE Repairs senrroe pursuant to this Agreement wiu be furnished by Alarm Center, Inc. during its normal working haute, Monday through Friday et(cept holidays. Alarm Center, Inc, shall have full and free access to the equipment to perform repairs service thereon. Alarm Center, lnc. shall of be responsible for failure to render service due to cause beyond its control. Repairs services randered outside he normal working hours of Alarm Center are not wtthin the swpe of Alarm Center, Inc. responsibilihrr, howev r repairs service for holidays and off work hours may be provided if a mutual agreement is entered between cus6o mer and Alamt Center, Inc.. 2. LIMITED OF LIABILITY: It is agreed that Alarm Center, Inc. is not an insurer and that the payments herein before named are based solely upon the value of the services-herein described anld it is not the intention of the parties that Alarm Center, )no. assume responsibility for any loss occasioned by malhe sauce or misfeasance in the perfbrmance of the services under this contract or for any loss or damage sustained throug burglary, theft, robbery, fire or other cause or any liability on the part of Alarm Center, Inc, by virtue of this agreement or ecause of the relation hereby established. if there shall not withstanding the above provisions at any time be or arise any liability on the part of Alarm Center Security by virtue of this Agreement or because of the relation hereby established whether due to the negligence of Alarm Center or otherwise such liability is and shall be limited to a sum equ�l in the amount to the service charge hereunder for a period not to exceed six months which sum shall be paid a d received as liquidated damages, Such liability as herein set forth is fixed as liquidated damages are not as a pens and this liability shall be complete and exclusive. That in the event Subscriber :esires Alarm Center, Inc. to assn a greater liability for the performance of Its services hereunder a choice is hereby liven of obtaining full or limited liabil ty by paying an additional amount under a graduated scaled of rates proportioned to the responsibility setting forth t e additional liability of Company and additional charge and rider and additional obligation shall In no way be Inte prated to held company as an insurer. I P I ARRAN F MERC BILITY OR FfTNESS 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein wlth8ut written consent of Alarm Center, Inc„ 2. APPROVAL: This agreement Is not binding unless approved by an offic r and/or duly appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, Inc. shall be to return to the customer the amount if any paid to Alarm Center, Inc. upon th signing of this agreement. 3. CHANGES TO AGREEMENT: This con0tutes the entire agreement be! the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall bi binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall prevail not withstanding any variance with the terms and conditions of any order submitted by the customer, 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non - operation of the alarm e�uipment or system. Equipment installed by Alarm Center, Inc, in the servicing repair or upgrade of the customer al rm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affec6d by that customers alarm equipment or system. In this regard Alarm Center, inc. makes no implied warranties including but not limited to the Implied Warranty of Merchantability or Fitness and the Ilmits of liability under this paragraph shall be the some as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal taw to cancel this transaction without oast, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, OR OT i ER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND iN ICATED BELOW THE TYPE OF TRANSMISSION COVERED BY THIS AGREEMENT. DIRECT LINEIMULTIPLEX X STANDARD TELEPHONE LINE TRANSMISSION RADIO /CELLULAR BACKUP r, ( OTHER APPROVED BY CUSTOMER: ! ,a— APPROVED FOR ALARM CENTER, Vol. /151 pg. A -1 FIRE & SjKCI P. O, BOX 7654 * WACO, TEXAS 767 CONTRACTUAL AGRFt Date: 1011/2011 Between Alarm Center, Inc. and BRAZOS COUNTY EXPO Physical/Bitling Address $827 LEONARD DR,, BRYAN, 'I Phone: Fax: —_� Purchase Acct. Lease __ Maintenance Agreement X Monitoring Agreement Installation Fee X _ Other i ► f j`y 4 * (254) 776 -8887 t - MAIN BLDG j vvv REc. 6 System to Consist of: FIRk ALARM MONITORING Monthly Lease Fee Put Monthly Monitoring Fee X32.50 Inst Down payment App Other BILLING: BW MNG ATOJANCI BRYAN TX 77603 PHONE: 979-361.4570 TERM: The initial length of this contract is for 12 months beg automatically renew on the annuity date for periods of ro yea 0� year periods unless either party shall notify the other, in writing, thirty (30) days prior to expiration of each subsequent renewal period. Ad, 1 _ N RCA�940_12 hase Price nation Fee cable taxes to be added ► x06 N. WASHINGTON Ining on the above date and this contract will terms thereafter and continue to renew for 3f its intention to terminate no less than applicable taxes to all prices. - -- - • -.-• • • •••� r.9_1 mss V MUNiTDRING SERYICE3 1. AGREEMENT: Alarm Center, Inc, and the cuslorrer have entered into an Agr6ement WhenNn and whereby Alarm Center, Inc, 'sit► provide alarm monitoring services for the customer. The customer and Alarm enter, Inc, agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals receius from, the alarm 8quipment or System and to respond thereto upon the receipt of a signal from the customers premises, shall ake every reasonable effort to transmit notification of the alarm promptly to the police, fire or other authorities and �r the person or persons whose names and telephone numbers are set forth in the "Responsive Party Data" unless there is jolt cause to assume that an emergency condition does not exist. 2. USE OF ALARM: The customer shall carefully and property stet the alatm secured or all functions are set to the normal status, The customer shsdi Carefully and protperly test the alarm 9 promises uipme are at least once each month and shalt immediately report in writing to Alarm Center, Inc. arty claimed inadequacy n of lailnure of the system alarm equipment. 3. TERMINATION: This agreement shell continue for as long as customer contracts with Alarm Center, Inc, for the performance ma honing services. In the event that the customer fails or refuses to make payrnW for services furnished or to be furnished, Alarm Center, Inc. will give Customer at least thirty (30) days notice of lamination 6f such services and upon giving such notice, this agreement and all of Alarm Center, Inc, responsibilities thereunder shag come to ;n end as of the date fixed in such notice was the term fixed in the agreement between Alarm Center, Inc. and the cumomer, alsi} thls agreement may be suspended, at Alarm Cantor Inc. option, should the Customers alarm equipment become so substantially damaged that further service is impractical. 4. LIABILITY- Alarm Center, Inc, shall not be liable for any loss or damage causeb by defects or deficiencies in the alarm equlPmarit or system, nor shag Alarm Center, Inc. incur any liability for delay in response time or non - response of police, fire or other authorities, institutions or individuals notified by Alarm Center, inc.,. J 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc. shall not be obligated to perinrm any monitoring service thereunder during any time when the customers telephone service hall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing, Alarm Center assumes no liability for interruption of services due to strike, wadricts, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc. including intenupti , in the electrical utility service. Alarm Center will not be required to supply service to the customer while interrup 'on of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipments used as a means of alarm transmission, Alarm Center, Inc, shall likewise not be obligated to perform monitoring seMees when the radio reception or wireless service is hindered by manmade or natural Stetie Causes or by a natural p;nomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM, Alarm Centar, Inc, shall not be r bligated to test your systems phone lines fo► functionality (unless otherwise stated). it is recommended that you test our system weekly for communication V01. Pg. I signals to our central station as well as tunctions of the panel ano rtis 1. REPAIRS SERVICE: Repairs service pursuant to this Agreement will be normal working hours, Monday through Friday except holidays. Alarm Cent the equipment to perform repairs service thereon. Alarm Center, inc, shall i service due to cause beyond its control. Repairs services rendered outside Center are not wfhin the scope of Alarm Center, inc. responsibility, howeve work hours may be provided if a mutual agreement is entered between cusl 2. LIMITED OF LIABILITY-. It is agreed that Alarm Center, Inc. is not an ink named are based solely upon the value of the services herein described anI Alarm Center, Inc. assume responsibititi for any loss occasioned by malfe the services under this contract or for any loss or damage sustained throug any liability on the part of Alarm Center, Inc, by virtue of this agreement or If There shall not withstanding the above provisions at any time be or arise 4 Security by virtue of this Agreement or because of the relation hereby estagl Alarm Center or otherwise such liability is and shall be limited to a sum eq hereunder for a period not to exceed six months which sum shall be paid at liability as herein set forth is fixed as liquidated damages are not as a pens exclusive. That in the event Subscriber -'esires Alarm Center, Inc. to assn services hereunder a choice is hereby Nven of obtaining full or limited liabil t a graduated scaled of rates proportioned to the responsibility setting forth t r additional charge and rider and additional obligation shall in no way be Inte p umished by Alarm Center, inc, during its r, Inc. shall have full and free access to of be responsible for failure to u=nder he normal working hours of Alarm repairs service fbr holidays and off liner and Alarm Center, Inc., lrer and that the payments herein before A is not the intention of the parties that ante or misfeasance in the performance of burglary, theft, robbery, fire or other cause or cause of the relation hereby established. y liability on the part of Alarm Center ;hed whether due to the negligence of in the amount to the service charge received as liquidated damages. Such and this liability shall be complete and greater liability for the performance of Its by paying an additional amount under additional liability of Company and ated to hold company as an insurer. I . ASSIGNMENT: This agreement may be sold, transferred and assigned dy Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein wlth�ut written consent of Alarm Center, Inc., 2. APPROVAL: This agreement is not binding unless approved by an affick and/or duly appointed representative of Alarm Canter, Inc. in the event of failure of approval as aforesaid the only futility of Alarm Center, Inc. shall be to return to the cusiorner the amount if any paid to Alarm Center, Inc, upon signing of this agreement. 3. CHANGES TO AGREEMENT: This constitutes the entire agreement be n the Customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall b� binding upon Alarm Center, Inc, as a warranty or otherwise. The terms of this conditions of this agreement shall irevail not withstanding any variance with the terms and conditions of any order submitted by the customer. 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc,: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc. then Alarm Center shall not be liable for the operation or non- operatlon of the alarm e�uipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer a1 rm equipment or system is not under any warranty because its satisfactory operation or non - operation can be affect+ d by that customers alarm equipment or System. In this regard Alarm Center, Inc. makes no implied warranties inclilldng but not limited to the implied Warranty of Merchantability or Fitness and the Ilmits of liability under this paragraph iihall be the some as above stated in Paragraph 2, Limit of Liability. YOiJR RIGHT TO CANCEL You have a legal right under federal Taw to cancel this transaction without cost, within three (3) business days from the date that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND HE TYPE OF MONITORING SERVICE I AM PURCHASING, ALSO THE SALESPERSON, TECHNICIAN, OR OVER REPRESENTATIVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND IN iCATED BELOW THE TYPE OF TRANSMISSION COVERED BY THIS AGREEMENT. DIRECT UNEIMULTiPLEX X STANDARD TELEPHONE LINE TR,ANSMiSSION RADIO/CELLULAR BAC'Kr m — i —_ APPROVED BY CUSTOMER: il\ APPROVER FOR ALARM CENTI Vol. I / pg. A -1 FIRE & SECURITY P. U. BOX 7654 * 'WACOt TEXAS 76714 * (254) 776 -8887 CON'T'RACTUAL AG'REEMEN'T Date: 1011/2011 Attachment Between Alarm Center, Inc. and BRAZOS COUNTY EXPO CENTER - SOUTH ARENA 2 Physical/Billing Address 6827 LEONARD DR., BRYAN, TX 77803 Phone: Fax: Acct # Purchase Lease Maintenance Agreement X Monitoring Agreement Installation Fee X Other Monthly Lease Fee Monthly Monitoring Fee Down payment Other BILLING: 18 4727 Rec, 2 System to Consist of: FIRE ALARM MONITORING OWNER FURMSHE5 EQUIPMENT CONTRACT ENDS 8-30 -12 Purchase Price 32. 00 Installation Fee Applicable taxes to be added NCE, 206 N. WASHINGTON 19RM: The initial length of this contract is for 12 months beginning on the above date and this contract will automatically renew on the annuity date for periods of 0 year terms thereafter and continue to renew for 0 year periods unless either party shall notify the other, in writing, of its invention to terminate no less than thirty (30) days prior to expiration of each subsequent renewal period. Add applicable taxes to all prices. TERMS AND C DiTiON PPLYI G TO ONI?` 1NG S ACES 1. AGREEMENT: Alarm Center, inc. and the customer have entered into an Agreement wherein and whereby Alarm Center, Inc. will provide alarm monitoring services for the Customer, The customer and Alarm Center, Inc. agree that Alarm Center, Inc. sole and only obligation under this agreement shall be to monitor signals received from the alarm equipm=ent or system and to respond thereto upon the receipt of a signal from the customer's premises, shall make every reasonable efFart to transmit nodfiostion of the alarm promptly to the police, fire or other authorities and/or the person or persons whose names and telephone numbers are set forth In the 'Responsive Party Deta" unless there is Just cause to assume that an emergency condition does not exist. 2. USE OF ALARM. The customer shall carefully and property set the alarm system at the time the premises are secured or all functions are set to the normal status. The customer shall carefully and property test the alarm equipment or system at least once each month and shall immediately report In writing to Alarm Canter, inc. any claimed inadequacy in or failure of the alarm equipment. 3. TERMINATION. this agreement shall continue for as long as customer contracts with Alarm Center, Inc. for the performance monitoring services. In the event that the customer fails, or refuses to make payment for services furnished or to be fumished, Alarm Center, Inc. will give customer at least thirty (30) days notice of termination of such servicea and upon giving such notice, this agreement and all of Alarm Canter, inc. responsibilities thereunder shall come to an and as of the date fixed in such notice was the tern fixed in the agreement between Alarm Center, Inc. and the customer, also this agreement may be suspended, at Alarm Center Inc- option, should the customer's alarm equipment became so substantially damaged that further service is impractical. 4. LIABILITY: Alarm Center, Inc, shall not be liable for any loss or damage caused by defects or deficiencies In the alarm equipment or system, nor shell Alarm Center, Inc, incur any liability for delay in response time or non - response of police, fire or ether autharilies, InStitrrtions or Individuals notified by Alarm Center, Inc.. 5. INTERRUPTION OF COMMUNICATION: Alarm Center, Inc, shall not be obligated to perform any monitoring service thereunder during any time when the customers telephone service shall not be working since signals to Alarm Center, Inc. are received solely by means of telephone communication, unless stated otherwise in writing. Alarm Center assumes no liatWity for interruption of services due to strike, war /riots, floods, fire, wind, snow, natural causes or any other cause beyond control of Alarm Center, Inc, including interruption in the electrical utility service. Alarm Center will not be required to supply service to the customer while interruption of service due to any such cause shall prevail or continue. Where radio or other type of wireless equipment is used as a means of alarm transmission, Alarm Center, Inc. shall likewise not be obligated to perform monitoring services when the radio reception or wireless service is hindered by manmade or natural static causes or by a natural phenomena, sunspot activity or solar winds. 6. TESTING OF YOUR ALARM SYSTEM: Alarm Center, Inc. shall not be obligated to test your systems phone lines far functionality (unless otherwise staved). it Is recommended that you test your system weekly for communication Vol. I c' I pg. C3 Signals to our central station as well as tunmom of the panel anv its 1. REPAIRS SERVICE. Repairs service pursuant to this Agreement will be normal working hours, Monday through Friday Wept holidays. Alarm Card the equipment to perform repairs service thereon. Alarm Center, Inc, shall service due to cause beyond its control. Repairs services rendered outside Center are not within the scope of Alarm Center, Inc. responsibility, howeve work hours may be provided if a mutual agreement is entered between cus 2. LIMITED OF LIABILITY- It is agreed that Alarm Center. Inc. is not an in named are based solely upon the value of the services herein described an Alarm Center, Inc. assume responsibility fvr any loss occasioned by malts .he services under this contract or for any loss or damage sustained throug any liability on the part of Alarm Center, Inc. by virtue of this agreement or If there shall not withstanding the above provisions at any time be or arise Security by virtue of this Agreement or because of the relation hereby estao Alarm Center or otherwise such liability is and shall be limited to a gum equ� hereunder for a period not to exceed six months which sum shall be paid a� liability as herein set forth is fixed as liquidated damages are not as a pena t exclusive, That in the event Subscriber Desires Alarm Center, Inc. to assnir� services hereunder a choice is hereby jiven of obtaining full or limited liabillt a graduated scaled of rates proportioned to the responsibility setting forth t� additional charge and rider and additional obligation shall in no way be inte,p' imished by Alarm Center, Inc. during its r. Inc. shall have full and free access to A be responsible for failure to render Is normal working hours of Alarm repairs service for holidays and off mer and Alarm Center, inc.. rrer and that the payments herein before ii is not the intention of the parties that once or misfeasance in the performance of burglary, theft, robbery, fire or other cause or cause of the relation hereby established. V liability on the part of Alarm Center shed whether due to the negligence of in the amount to the service charge received as liquidated damages. Such and this liability shall be complete and greater liability for the performance of Its by pairing an additional amount under additional liability of Company and aced to hold company as an insurer. •.•u oIL1I IF UrN ri I iVtS.y 1. ASSIGNMENT: This agreement may be sold, transferred and assigned by Alarm Center, Inc. without restriction. Customer has no right to assign sublease or transfer his rights herein without written consent of Alarm Center, Inc., 2. APPROVAL: This agreement is not binding unless approved by an offrc�r and /ac duty appointed representative of Alarm Center, Inc. in the event of failure of approval as aforesaid the only liability of Alarm Center, inc. shall be to return to the customer the amount F any paid to Alarm Center, Inc, upon thin signing of this agreement. 3. CHANGES TO AGREEMENT: This conistituties the entire agreement between the customer and Alarm Center, Inc. and no representation or statement not contained in the agreement shall b2 binding upon Alarm Center, Inc. as a warranty or otherwise. The terms of this conditions of this agreement shall !prevail not withstanding any variance with the terms and conditions of any order submitted by the customer, 4. SERVICE OF ALARMS NOT ORIGINALLY INSTALLED BY Alarm Center, Inc.: When requested by the customer to service or repair alarm equipment that was not originally installed by Alarm Center, Inc, then Alarm Center shall not be liable for the operation or non - operation of the alarm equipment or system. Equipment installed by Alarm Center, Inc. in the servicing repair or upgrade of the customer alarm equipment or system is not under any warranty because its satisfactory operation or non-operation can be affectod by that customers alarm equipment or sysbem. In this regard Alarm Center, Inc. makes no implied warranties incl6ding but not limited to the Implied Warranty Of Merchantability or Fitness and the limits of liability under this paragraph hall be the some as above stated in Paragraph 2, Limit of Liability. YOUR RIGHT TO CANCEL You have a legal right under federal law to cancel this transaction without cost, within three (3) business days from the cuts that you approved this contract by signing in the appropriate space. I ACKNOWLEDGE BY MY SIGNATURE BELOW THAT I UNDERSTAND THE TYPE OF MONITORING SERVICE I AM PURCHASING. ALSO THE SALESPERSON, TECHNICIAN, dR OTi ER REPRESENTATiVE HAS EXPLAINED THE FOLLOWING MEANS OF ALARM TRANSMISSION TO ME AND tN ICATED BELOW THE TYPE OF TRANSMISSION COVERED BY THiS AGREEMENT. DIRECT LINE/MULTiPLEX X STANDARD TELEPHONE LINE TRANSMISSION RADIOICELLULAR BACKUP r'T1J1- APPROVED BY CUSTOMER: i APPROVED FOR ALARM CENTEi VOL /5/ pg. /0 SOQ 2011 -44 October 1, 2011- September 30, 2013 Brazos County is soliciting quotations for an Annual Contract for inspection and maintenance of smoke detectors and fire alarm panels at various Brazos County locations Iisted below. Price quoted must be for a two (2) year period, with an option for renewal for two (2) additional one (1) year periods. To arrange a visual inspection of locations, or for technical questions, please call the Maintenance Director at 979 - 361 -4460. For all other questions, please call Leslie Williams, Brazos County Purchasing at 979 -361 -4294. SPECIFICATIONS: Quarterly Inspections • Inspect all Smoke Detectors quarterly • Simulate inputs and test the annunciators • Test pull stations • Check the battery for corrosion and expiration date, and tlien take appropriate action, if necessary including replacement. • Test duct detectors • Check horn and strobe • Check purge fans • Inspections performed quarterly require a tag indicating date of inspection Bi- Annually Inspections • Run Sensitivity Test of Smoke Detectors Bi- Annually — Due in 2012 • Test and calibrate alarm sensors, such as flame and smoke detectors, per manufacturer specifications Inspections must be performed to the standards of the NFPA Jail Standards NOTE: System operation. A test of smoke management system's initiating devices and control systems' output shall be performed. Such testing shall verify that, upon activation of a smoke detector, water flow indicating device, manual fire alarm station, or other smoke management system initiating device, the smoke management system components will automatically commence operation. The engineer of record shall provide a "cause and effect" chart to indicate the appropriate smoke management operating mode for all effected equipment based on the operation of each initiating device. Acceptance of functional testing shall be predicted upon all input and output devices performing as indicated by the "cause and effect" chart. NOTE: Inspections, Maintenance, Testing. All life safety equipment shall be inspected, maintained and tested by persons qualified to do so (whether under vendor contract, by state or private agency or otherwise) in order that such equipment shall be safe, secure, and fully operative at all times. Exhibit "A" Page 1 of 2 V0 1. / 5 /-Pg. �. LOCATIONS: 1. Brazos County Courthouse Holding Cells, 300 26th Street, Bryan (1 Fire Panel) 2. Brazos County Detention. Facility, 1835 Sandy Point Road, Bryan (3 Fire Panels) 3. Brazos County Juvenile Detention Facility,1904 Highway 21 W, Bryan (1 Fire Panel) 4. Brazos County Low Risk Facility, 1871 Sandy Point Road, Bryan (1 Fire Panel) • Successful bidder must provide evidence of Workers' Compensation and General Liability and Automobile Insurance prior to award. • Vendor must sign and agree to all terms and conditions of Brazos County Service Contract Attached or it will not be valid. Please fax your quotations to (979)361 -4293, email to iwilliamstdVo .brazos.tx.us or mail to 200 South Texas Ave Suite 352, Bryan, TX 77803. Quotes must be received by Brazos County Purchasing Department by 5:00 p.m. Friday, August 26, 2011 . or they will not be considered. Solicitation of Quotes ,r Brazos County Brazos County Brazos County Brazos County ' rr Courthouse Detention Juvenile Low Risk 4F t� �^ Holding Cells g Facility Detention Facility u } Cost for Quarterly $1,100.00 =$1,500.00 $700.00 $1,100.00 Inspections Cost for Bi- Annual $500.00 $600.00 $300.00 $400.00 Inspections Total Cost $1,600.00 $2,100.00 $1,000.00 $1,500.00 The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other bidder, and that the contents of this bid have not been communicated to any other bidder prior to the official opening of this bid. Furthermore, the bidder affirms that they are willing and capable of performing the services entailed in this bid or providing the goods described in this bid, and agrees to do so for the term of this contract. The bidder also agrees to all of the terms and conditions contained in this document and agrees to be held to them for the term of this contract. Signature of Authorized Representative ;' Printed Name: Michael T. McKee Vendor Name: Professionals of Texas Fire & Safety, Inc Date; 08/21/201.1 Exhibit "A" Page 2 of 2 Vol. ay- / % `� SMOKE DETECTOR AND FIRE ALARM PANEL INSPECTIONS ANNUAL CONTRACT BRAZOS COUNTY PURCHASING DEPT. Brazos County Courthouse 200 S. Texas Ave., Ste. 352 SOQ Request No. 2011 -44 Bryan, Texas 77803 Page l of 7 Pages Telephone (979) 361 -4294 GENERAL REQUIREMENT FOR CONTRACT I, Michael T. McKee as a duly authorized representative of Professionals of Texas Fire & Safety, Inc. "Contractor" willingly attest to perform (or deliver) as per Exhibit "A" for Brazos County for the period of October 1, 2011 through September 30, 20I3. 1 further agree to all of the provisions and specifications contained in this contract. ASSIGNMENT The successful offeror may not assign, sell or otherwise transfer this contract without written. permission of Brazos County Commissioners Court. Should there be a change in ownership or management; the contract shall be terminated unless a mutual agreement is reached with the new owner or manager to continue the contract with its present provisions and prices. AWARD Brazos County reserves the right to award this contract on the basis of LOWEST AND BEST OFFER in accordance with the laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one offeror, to reject any or all bids. CONTRACT OBLIGATION Brazos County Commissioners Court must award the contract and Brazos County Judge or other person authorized by Brazos County Commissioners Court must sign the contract before it becomes binding on Brazos County or the offerors. Department heads are NOT authorized to sign agreements for Brazos County. Binding agreements shall remain in effect until all products and /or services covered by this purchase have been satisfactorily delivered and accepted. QUANTITIES The quantities specified in this agreement are estimates only. Brazos County does not guarantee to purchase any minimum quantities or services other than those listed on a purchase order. CONTRACT RENEWALS Renewals may be made ONLY by written agreement between Brazos County and the offeror. Any and all price escalations shall not be accepted and shall be considered a non- response. After the initial award period, this contract can be renewed for two (2) additional one (1) year periods if approved by Commissioner's Court and Contractor. VOL 151 pg. /3 SOQ Continuation Sheet SOQ Request No. 2011 -44 BRAZOS COUNTY, TEXAS Page 2 of 7 Pages HOLD HARMLESS AGREEMENT Contractor, the successful offeror, shall indemnify and hold Brazos County harmless from all claims for personal injury, death and/or property damage resulting directly or indirectly from contractor's performance. Contractor shall procure and maintain, with respect to the subject matter of this bid, appropriate insurance coverage including, as a minimum, public liability and property damage with adequate limits to cover contractor's liability as may arise directly or indirectly from work performed under terms of this bid. Certification of such coverage must be provided to Brazos County upon request. INSPECTIONS & TESTING Acceptance of merchandise, work, and/or equipment provided shall be made by Brazos County at the sole discretion of the Commissioners Court when all terms and conditions of the contract and specifications have been met to its satisfaction, including the submission to Brazos County of any and all documentation as may be required. ADDITION/MODIFICATION OF LOCATIONS. OR SERVICES Brazos County reserves the right to add locations as these additional locations may be required. Locations to be added may include, but not limited to, expansions or additions to existing facilities and acquisition or construction of new properties. In the event that Brazos County makes significant structural changes to an existing facility that impacts the contractor's cost in providing the services anticipated by this contract such change may be treated as a new facility and the procedures provided for in this section may be followed in determining an appropriate price. In the event Brazos County wishes to add other locations to a group under the Contract, a quotation will be solicited from the incumbent contractor in good standing for the group in which the new location is appropriately situated. In the event Brazos County shall sell, vacate, abandon, or otherwise dispose or terminate a location to which the contract applies, all existing contracts or agreements or services applicable to such location, the portion of this contract that applies to such locations is terminated. All remaining portions of the contract will remain intact. Brazos County will endeavor to give the Contractor written notice of such termination of locations a minimum of thirty (30) days in advance. INVOICES & PAYMENTS Payments to Contractors will not be made if the Contractor cannot produce a Brazos County Purchase Order. Offerors shall submit an original invoice on each purchase order or purchase release after each delivery, indicating the purchase order number. Invoices must be itemized. Any invoice, which cannot be verified by the contract price and/or is otherwise incorrect, shall be corrected by the Contractor. When multiple deliveries and /or services are required, the offeror may invoice following each delivery or performance of service and Brazos County will pay on invoice with in thirty (30) days upon receipt of invoice. Contracts providing for a monthly charge will be billed and paid on a monthly basis only. The Contractor will provide an invoice for each month in which Brazos County is responsible for payment, during the duration of the contract. Prior to any and all payments made for goods and /or services provided under this contract, the offeror should provide his Taxpayer Identification Number or social security number as applicable. This information must be on file with Brazos County Auditor's office. Failure to provide this information may result in a delay in payment and /or back -up withholding as required by the Internal Revenue Service. Vol. SOQ Continuation Sheet SOQ Request No. 2011 -44 BRAZOS COUNTY, TEXAS Page 3 of 7 Pages PRICING Prices for all goods and /or services shall be firm for the duration of this contract and shall be stated on the Pricing/Delivery Information form.. Prices shall be all inclusive: No price changes, additions, or subsequent qualifications will be honored during the course of the contract. All prices must be written in ink or typewritten. Pricing on all transportation, freight, drayage and other charges are to be prepaid by the contractor and included in the bid prices. If there are any additional charges of any kind, other than those mentioned above, specified or unspecified, offeror MUST indicate the items required and attendant costs or forfeit the right to payment for such items. Where unit pricing and extended pricing differ, unit pricing prevails. TAXES Brazos County is exempt from all federal excise, state and local taxes unless otherwise stated in this document. Brazos County claims exemption from all sales and /or use taxes under Texas Tax Code §151.309, as amended. Texas Limited Sales Tax Exemption Certificates will be furnished upon written request to Brazos County Purchasing Agent. GOVERNING FORMS In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall document, Brazos County's interpretation shall govern. In the event 01'a conflict between the terms, conditions, provisions, and specifications of this document and any other terms, conditions, provisions, and specifications provided by the Contractor; the terms of this document shall supersede. GOVERNING LAW This bid solicitation is governed by the competitive bidding requirements of Brazos County Purchasing Act, Texas Local Government Code, §262.021 et seq., as amended. Offerors shall comply with all applicable federal, state and local laws and regulations. Offeror is further advised that these requirements shall be fully governed by the laws of the State of Texas and that Brazos County may request and rely on advice, decisions and opinions of the Attorney General of Texas and Brazos County Attorney concerning and portion of these requirements. DISQUALIFICATION OF OFFEROR Upon signing this bid document, an offeror offering to sell supplies, materials, services, or equipment to Brazos County certifies that the offeror has not violated the antitrust laws of this state codified in Texas Business and Commerce Code §15.01, et seq., as amended, or the federal antitrust laws, and has not communicated directly or indirectly the bid made to any competitor or any other person engaged in such line of business. Any or all bids may be rejected if Brazos County believes that collusion exists among the offerors. Bids in which the prices are obviously unbalanced may be rejected. If multiple bids are submitted by an offeror and after the bids are opened, one of the bids is withdrawn, the result will be that all of the bids submitted by that offeror will be withdrawn; however, nothing herein prohibits a Contractor from submitting multiple bids for different products or services. Vol. 1 5J Pg. is SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2011 -44 Page 4 of 7 Pages SEVERABILITY If any section, subsection, paragraph, sentence, clause, phrase or word of these requirements or the specifications shall be held invalid, such holding shall not affect the remaining portions of these requirements and the specifications and it is hereby declared that such remaining portions would have been included in these requirements and the specifications as though the invalid portion had been omitted. SILENCE OF SPECIFICATIONS The apparent silence of specifications as to any detail, or the apparent omission frorn it of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of specifications shall be made on the basis of this statement. The items furnished under this contract shall be new, unused of the latest product in production to commercial trade and shall be of the highest quality as to materials used and workmanship. Manufacturer furnishing these items shall be experienced in design and construction of such items and shall be an established supplier of the item bid. TERMINATION Brazos County reserves the right to terminate the contract for default if offeror breaches any of the terms therein, including warranties of offeror or if the offeror becomes insolvent or commits acts of bankruptcy. Such right of termination is in addition to and not in lieu of any other remedies which Brazos County may have in law or equity. Default may be construed as, but not limited to, failure to deliver the proper goods and /or services within the proper amount of time, and /or to properly perform any and all services required to Brazos County's satisfaction and/or to meet all other obligations and requirements. Brazos County may terminate the contract without cause upon thirty (30) days written notice. POLICY REQUIREMENTS FOR CERTIFICATE OF INSURANCE CONTRACTOR'S INSURANCE The Contractor /Contractor, before starting work for Brazos County, must furnish Brazos County a Certificate of Insurance or other acceptable evidence from a reputable insurance company or companies with an A.M. Best Rating of AA@ (such companies to be acceptable to Brazos County) licensed to write insurance in the state of Texas, showing that the Contract is covered by the insurance as follows: (1) Statutory Workers Compensation Insurance with Employers Liability Insurance in the amount of $1,000,000. In the event any work is sublet, the Contractor shall require the subcontractor similarly to provide the same coverage and shall himself acquire evidence of such coverage on behalf of the subcontractor. (TLC Sec. 401.011) (2) Commercial General Liability Insurance with a S 1,000,000 Combined Single Limit. The policy shall be on the Comprehensive General Liability 1986/90 occurrence form, and shall include coverage for acts of independent contractors, and shall name Brazos County as an additional insured. Waiver of subrogation is required. No claims made policies are acceptable without p1jor approval by the Commissioners Court/Risk Management Vol. pg. % �P SOQ Continuation Sheet BRAZOS COUNTY, TEXAS SOQ Request No. 2011 -44 Page S of 7 Pages (3} Automobile Public Liability Insurance with a $ 500,000 Combined Single Limit, in all self - propelled vehicles used in connection with the contract, whether owned, non -owned or hired. Waiver of subrogation is required. The Certificate of Insurance furnished to Brazos County shall contain a provision that coverage under such policies shall not be canceled or materially changed until at least 30 days prior written notice has been given to Brazos County LIMITATIONS The parties are aware that there are constitutional and statutory limitations on the authority of Brazos County to enter into certain terms and conditions of the Agreement, including, but not limited to, authorizations of the placement of liens on Brazos County property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations " ). Any Agreement terms and conditions related to the Limitations will not be binding on Brazos County except to the extent authorized by the laws and Constitution of the State of Texas. COVERAGES/WAGES Nothing in this Agreement shall be construed as making Brazos County responsible for the payment of compensation and/or any benefits for Contractor including health, property, motor vehicle, workers' compensation, disability, death, and dismemberment insurance for the Contractor's employees and /or equipment. Nothing in the Agreement shall be construed as making Brazos County responsible for wages, materials, logistical support, equipment, and related travel expenses incurred by the Contractor. SOVEREIGN IMMUNITY The parties understand that Brazos County does not waive or relinquish any immunity or defense on behalf of itself, officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Further, Brazos County is not responsible for any civil liability that arises from any act or omission made within the course and scope of this Agreement. The Parties understand and agree that Brazos County does not assume civil liability under any theory of law for the actions of the Contractor in providing services hereunder. NOTICES Notices shall be mailed to the addresses designated herein or as may be designated in writing by the parties from time to time and shall be deemed received when sent postage prepaid U.S. Mail to the following addresses: BRAZOS COUNTY: Brazos County, Texas Duane Peters, Brazos County Judge 200 South Texas Avenue, Suite 332 Bryan, Texas 77803 Vol. j 51 P8• -L_ SOQ Continuation Sheet BRAZOS COUNTY, TEXAS CONTRACTOR: SOQ Request No. 2011 -44 Page 6 of 7 Pages Sales Contact Name: Phone Number: Billing Info: Todd McKee 512 350 -5022 11320 Runnel Ridge Road Manor TX 78553 tmckee@,potfs.com ASSIGNABILITY This agreement may not be assigned without the prior written permission of Brazos County. FISCAL FUNDING CLAUSE Notwithstanding any provisions contained herein, the obligations of Brazos County are expressly contingent upon the availability of funding for the obligations contained herein for the term of the Agreement and any extensions thereto. WAIVERS No waiver by either party hereto of any term or condition of this Agreement shall be deemed or construed to be a waiver of any other term or condition or subsequent waiver of the same term or condition. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between Brazos County and the Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may only be amended by written instrument approved and executed by the parties. AVAILABILITY AND RETENTION OF RECORDS All records relating to the service provided under this contract and supporting documentation for invoices submitted to Brazos County by the Contractor shall be retained and made available by the Contractor for audit by Brazos County, it duly authorized representatives, the State of Texas (including, but not limited to the Auditor of the State of Texas, Inspector General or duly appointed law enforcement officials) and agencies of the United States Government. Such records shall be returned by Contractor and made available for any time period required by state or federal law. If changes occur in the governing state or federal law, regarding retention records, Contractor shall comply with such changes. If an audit is initiated before the expiration of such time periods required by state or federal law regarding retention of records, the Contractor shall retain such records until the audit is concluded and all issues resolved. Contractor shall provide Brazos County with copies of such audits that be conducted with respect to the contract. AUDIT RESPONSIBILTY The Contractor shall be responsible for receiving, replying to and/or complying with any audit exception by appropriate federal, state or local audit directly related to the provision of this contract. The Contractor shall repay to Brazos County the full amount received for duplicate billings, erroneous billings, false or deceptive claims. The Contractor recognizes and agrees that Brazos County may withhold any money due and recover through any appropriate method any money erroneously paid under this contract if evidence exists of less than full compliance with this contract. Vol. % 6% pg. % ty. SOQ Continuation Sheet SOQ Request No. 2011 -44 BRAZOS COUNTY, TEXAS Page 7 of 7 Pages INDEMNIFICATION The Contractor shall defend, indemnify and save harmless Brazos County and all its officers, agents, and employees from all suits, actions, or claims of any character, name and description including attorney's fees expenses brought for or on account of any injuries or damages received or sustained by any person or persons or property, by or from the said Contractor or his employees or by or in consequence of any negligence in safeguarding the work, or through the use of unacceptable materials in construction of the work, or by or on account of any act of omission, the Worker Compensation Law or any other law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his contract as shall be considered necessary by Brazos County may be retained for the use of Brazos County, or in case no money is due, his sureties shall be held until suit or suits, action or actions, claim or claims for injury or damages as aforesaid shall have been settled and satisfactory evidence to that effect furnished Brazos County. Contractor shall defend, indemnify and save harmless Brazos County, its officers, agents and employees in accordance with this indemnification clause regardless of whether the injury or damage is caused in part by Brazos County, its officers, agents or employees. The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, and that the contents of this proposal have not been communicated to any other Proposer prior to the official opening of this proposal. The signatory also agrees to all provisions and specifications of this contract. Signed By: m- - �,i'..j� Title: President Typed Name: Michael T McKee Company Name: Professionals of Texas Fire & Safety, Inc Phone No, 512 272 -9488 Mailing Address: 11320 Runnel Ridge Road Manor Texas 78653 P. O. Box or Street City State zip Employer Identification Number: 26- 3220761 Social Security Number: Approved by Commissioner's Court on this 4-h da of y /)')ZO11 by holding the position of &- -XQS{n} J(tCi I Vol. /Jam/ pg 0 0 �i O 0 O 0 LO Vil0 O rn FA 0 o T rn w vs atS w LL O w 0 X V C O ~ �N O o O ((�� y a \ � v G O pm � w L o- G o .� '�; L •C '� � � ` ate+ Q' O y Q A w c Y O 8 8 8 8 a� w d O J 7 O d 7 U 0 O r V 7 M LL' lOr y w T in y '� C O p N u y � /. V II W v � c N e p OV 09. J M M C200 s >.. c m m lL w w w � uy in o U � O c w w qq mac, � Ol L 'j y 8S 8S pw O o qpp C 0 o O U w U $ w 7 w 0 w +r L c U ¢ w C c 8 a. N Lo- Eo 8 $ g 8 ` d 0 y U N w y N LL A w w CL fA UL J o c N ro °: N E t 8 8 8 8 Y � Cl aD cli U N w CD w N i r _L � w O o O c w d LL g 8 $ gg - T w w S $ 'A c $ p d a d c w 69 0 0 �i O 0 O 0 LO Vil0 O rn FA 0 o T rn w vs atS w LL O w 0 X V C O ~ �N O o O ((�� y a \ � v G O pm � w L o- G o .� '�; L •C '� � � ` ate+ Q' O y Q all w d O J 7 O d 7 U 0 O r V 7 M LL' lOr y w T in y '� C O p N u y � /. V II W v `.• N e p OV 09. J M M C200 s >.. 101. m m o CL BRAZOS COUNTY, TEXAS BUDGET AMENDMENT(S) FOR THE 2010 -2011 BUDGET YEAR NO. 10/11 49.1 On this the 20th day of September 2011 at a regular meeting of the Commissioners' Court, the following members were present: A. Duane Peters, County Judge, Presiding B. Lloyd Wassermann, Commissioner, Precinct 1 C. Sammy Catalena, Commissioner, Precinct 2 D. Kenny Mallard, Commissioner, Precinct 3 E. Irma Cauley, Commissioner, Precinct 4 F. Karen McQueen, County Clerk The following proceedings were held: THAT WHEREAS, on 20th day of September 2011 the Court heard and approved a budget amendment for the 2010-2011 budget year for Brazos County, Texas; and WHEREAS, expenditure is necessary due to the necessity to meet unusual and unforeseen conditions which could not be reasonably included in the original budget adopted 14 September 2010, the following amendment(s) to the original budget are hereby authorized, as described on the attached page(s). ADOPTED AND APPROVED this the 20th day of September 2011 _ THE COMMISSIONERS COURT OF BRAZOS COUNTY, TEXAS. Duane Pete ounty J e Original: County Clerk's Office and Attached to the original budget Copies: County Auditor County Treasurer County Budget Officer Commissioners' Court Minutes Vol. IS/ Pg. o2/ BRAZOS COUNTY, TEXAS BUDGET AMENDMENTS No. 10/11 - 49.1 Prepared BY nnm; Date 9114'/2019' DepatttrtenYApproval ' Date I Of I Vol. % 5 % pg. 07 a PERSONNEL CHANGE OF STATUS REQUESTS Commissioner Court Date: September 20, 2011 Department Submitting Information: Human Resources Purpose of Submissions: Consider and Take Action on Change Requests Department Submitting Request(s) Employee Request Action Requested Applies To Brazos Center Holcombe, Stephen New Hire Leong, Tina Resignation Rogers, Jared New Hire Tax Office French, Connie New Hire Approved in Commissioners' Court: September 20 2011: County Judge's or Commissioner's Signature: r" (This Copy to be attached to minutes) Vol. 161 Pg. 2 -3 ACKNOWLEDGED Duane Peters 4-1 Date County Judge .. . . In the District Courts of Brazos County, Texas ORDER DETERM 4MG COMPENSATION OF COUNTY AUDITOR AND ASSISTANT COUNTY AUDITORS On the 20 day of August, 2011, after a public hearing in accordance with the Texas Local Govemment Code, the undersigned Judges of the District Courts in Brazos County, Texas, the compensation to be paid to the County Auditor and Assistant County Auditors as set forth in this order. IT IS ORDERED, effective October 1, 2011, that the County Auditor and each Assistant County Auditor positions shall be paid annual compensation in the amounts set forth in the attached Exhibit "A" which is incorporated herein; provided however, ifin the FY 2011 -2012 county budget, the Commissioners Court of Brazos County approves any cost of living increase to the salaries of county employees, the amounts of annual compensation reflected in the attached Ex}ybit "A" shall be inceea,4ed by the same Percentage amount of cost of living adjustment approved by the Commissioners Court. Actual compensation amounts for each individual Assistant County Auditor will submitted to the Brazos County Human Resources department by the County Auditor and shall not exceed the position amount in Exhibit "A" Additionally, the County Auditor and Assistant Auditors shall be paid longevity based on years of service at September 30, 2011, in aocordsnce with P 24 L the Brazos County Longevity Pay Policy and in the amount set forth by said policy. 1T IS FURTHER ORDERED that the District Clerk of Brazos County shall file this order in the minutes of the District Courts of Brazos County, Texas and shall ow ify this order to the Commissioners Court of Brazos County, Texas Prior to Soptomber 1, 2011, for its observance. SIGNED this �1. -+`�sy of August, 2011. . LANGLEY ding Judge 856 District Court TRAVIS B. BRYAN, III Presiding Judge 272nd District Court 11aL STEVE smrM Presiding Judge 3610 District Court _� Pg. EXHIBIT A ORDER DE E COUNTY AUDITO RMINING COMPENSATION OF AND ASSISTANT COUNTY AUDITORS FbW Year 2011.2012 i This position is paid hourly. The annual sala hours paid at a rate of $17.41 per hour rY stated is lased upon 2484 Vol, 151 pg. C2 (P Brazos County Purchasing Department Weekly Update 9/9/11 — 9/15/11 Number of PO's Processed: 10 Requisitions Completed: 2 Capital Payments: 4 Projects In Progress Construction Courthouse: Phase I & II District Clerk is moved in - County Attorney furniture installation in progress Demolition of old District Clerk area to begin 9119, old County Attorney area to follow Final touchup of DC and CA areas in progress Substantial completion and certificate of occupancy obtained for Phase I first floor Phase III - Awarded to Madison Construction - Contract is in progress and should be ready in approx.. 2 weeks Bids/ RFP's/ RFQ's Jail Pharmaceuticals Tabulation completed and currently being considered by Jail - Working on additional considerations for high cost medications Carpet for Courthouse - Currently working on contract with vendor Representation of Indigent Juveniles - Third Evaluation committee meeting to be held 9/8 - Best and final offer received Aggregate for Surface Treatment Flexible Base Crack Seal -Bids go out 9116 Renewals Culverts Lane Striping D__ -To Court on 9/20 Vol, —. r 161 Pg. c�2 ~7 Seal Coat Janitorial Supplies -Bid solicitation in progress Jail Cleaning Supplies Oil Changes - Renewal in progress Solicitation of Quotes Other Smoke Detectors Fire Panel Monitoring -To Court on 9/20 Portable Toilets - Solicitation due 9/16 Trash Contract - Solicitation due 9121 Elevator Maintenance - Currently with legal Assets 16 assets transferred from IT to departments August assets to be completed 9/16 Auction - Auction ends on 9124. See www.ionestaronline.com - The surplus room is full. No more items can be accepted unless an emergency situation occurs. Sanctuary Courtroom - Maintenance is finished with their portion of work - Sound system ordered, delivery and install week of 9/19 Purchasing Policy - Reviewing and revising policy Electronic Bid System - Reviewing contract and requirements Purchase Order Cut -off - No purchase orders can be completed from September 9 through September 30 for fiscal year 2011 Voi. Pg. C;2 CY