HomeMy WebLinkAbout24-124 - Security 101 - Card Access Base Line AssessmentCity of Tukwila Contract Number: 24-124
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6200 Southcenter Boulevard, Tukwila WA 98188 Council royal /
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CONTRACT FOR SERVICES
This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter
optional municipal code city hereinafter referred to as "the City," and Security 101 — Seattle hereinafter
referred to as "the Contractor," whose principal office is located at 1158 Industry Drive Tukwila, WA
98188. The City and the Contractor are each individually a "Party" and collectively the "Parties."
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms
and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform
those services described onhEx ibit A attached hereto and incorporated herein by this reference
as if fully set forth. In performing such services, the Contractor shall at all times comply with all
Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request
and obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2 Compensation and Method of Payment. The City shall pay the Contractor for services rendered
according to the rate and method set forth on Exhibit B attached hereto and incorporated herein
by this reference. The total amount to be paid shall not exceed $3,195.8 at a rate of 50% up front
and 50% upon completion of the project.
3 Contractor Budget The Contractor shall apply the funds received under this Agreement within
the maximum limits set forth in this Agreement. The Contractor shall request prior approval from
the City whenever the Contractor desires to amend its budget in any way.
4 Duration. of_Aareement. This Agreement shall be in full force and effect for a period commencing
September 5', 2024, and ending October 15th, 2024, unless sooner terminated under the
provisions hereinafter specified.
5. Independent Contractor. The Contractor and the City agree that the Contractor is an independent
contractor with respect to the services provided pursuant to this Agreement. Nothing in this
Agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither the Contractor nor any employee of Contractor shall be entitled to any
benefits accorded City employees by virtue of the services provided under this Agreement. The
City shall not be responsible for withholding or otherwise deducting federal income tax or social
security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties
of an employer with respect to the Contractor, or any employee of the Contractor.
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6. Indemnification.
A. Contractor Indemnification. The Contractor shall indemnify, defend and hold harmless the City
its officers, officials, employees, volunteers and permitted successors and assigns harmless
from any and all claims, injuries, damages, losses or suits including attorney fees (collectively,
"Losses"), in connection with any claims, demands, suits or proceedings (collectively, "Claims")
made or alleged against the City by a third party arising out of or resulting from the acts, errors
or omissions, or the intentional or negligent performance of the Contractor in performance of
this Agreement, except for injuries and damages caused by the sole negligence of the City.
B. RCW 4.24.115. However, should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of
bodily injury to persons or damages to property caused by or resulting from the concurrent
negligence of the Contractor and the City, its officers, officials, employees, and volunteers,
Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent
of Contractor's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes Contractor's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been
mutually negotiated by the parties. The provisions of this section shall survive the expiration
or termination of this Agreement.
C. Infringement Indemnification. In addition to Contractor's obligations under Section 6.A., the
Contractor shall indemnify, defend, and hold harmless the City and its directors, officers,
employees, agents and other representatives against any Losses in connection with Claims
made or alleged against the City by a third party that the services, software or deliverables
infringes a U.S. patent, copyright or other intellectual property rights of any third party. The
foregoing indemnification obligation does not apply to any Claims or Losses arising out of or
relating to any: (a) access to or use of the software in combination with any hardware, system,
software, network or other materials or service not provided or authorized by this Agreement or
otherwise in writing by the Contractor; or (b) modification of the software other than: (i) by or
on behalf of the Contractor; or (ii) with the Contractor's written approval or in accordance with
Contractor's written specifications.
D. Mitigation. If any of the services, software or deliverables are, or in Contractor's opinion are
likely to be, claimed to infringe, misappropriate or otherwise violate any third -party intellectual
property right, or if the City's or any Authorized User's use of the services, software or
deliverables is enjoined or threatened to be enjoined, the Contractor may, at its option and sole
cost and expense:
i. obtain the right for the City to continue to use the Services, Software and Deliverables
materially as contemplated by this Agreement;
ii. modify or replace the services, software and deliverables, in whole or in part, to seek to
make the services, software and deliverables (as so modified or replaced) non -infringing,
while providing materially equivalent features and functionality; or
iii. by written notice to the City, terminate this Agreement with respect to all or part of the
Services, Software and Deliverables, and require the City to immediately cease any use of
the Services, Software and Deliverables or any specified part or feature thereof, provided
that if such termination occurs, the Contractor shall refund any prepaid fees to the City and
provide transition services free of charge.
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E. Limitation of Liability. In no event will either party be liable under or in connection with this
agreement or its subject matter under any legal or equitable theory, including breach of
contract, tort (including negligence), strict liability and otherwise, for any: (i) loss of revenue or
profit; or (ii) consequential, incidental, indirect, exemplary, special, or punitive damages,
regardless of whether such persons were advised of the possibility of such losses or damages
or such losses or damages were otherwise foreseeable, and notwithstanding the failure of any
agreed or other remedy of its essential purpose. In no event shall the aggregate liability of
either party arising out of or related to this agreement exceed the greater of two times the fees
paid under the agreement or $1,000,000; provided however, the limitation of liability set forth in
this section shall not apply to: (i) Contractor's indemnification obligations for infringement
claims made or brought against the City by a third party as described herein, or (ii) damages
related to claims brought against the City due to Contractor's breach of City's data, including
but not limited to damages, penalties or other liabilities arising from government enforcement
actions or breach notification requirements. The provisions of this section shall survive the
expiration or termination of this agreement.
7. Insurance. Prior to commencing the Services, the Contractor shall procure and maintain at its sole
cost and expense at least the following insurance, covering its obligations under this Agreement.
A. Insurance Policies.
Commercial General Liability: With coverage of not less than $2,000,000 per
occurrence, $2,000,000 general aggregate, and $2,000,000 products -completed
operations aggregate limit, which shall cover liability arising from premises, operations,
independent contractors, products -completed operations, stop gap liability, personal injury
and advertising injury, and liability assumed under an insured contract. Commercial
General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors,
products -completed operations, stop gap liability, personal injury and advertising injury,
and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide a per project general aggregate limit using ISO
form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for
liability arising from explosion, collapse or underground property damage. The City shall
be named as an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations
endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad
coverage.
Cyber Liability Insurance: With coverage of not less than $1,000,000 per occurrence
and $5,000,000 in the annual aggregate which shall include, but not be limited to,
coverage, including defense, for the following losses or services:
(1) Breach of City's Data, including but not limited to liability arising from theft,
dissemination, and/or use of City's confidential and Personal Information as defined
by RCW 42.56.590, including but not limited to, any information about an individual
maintained by City, including: (a) any information that can be used to distinguish or
trace an individual's identity, such as name, social security number, date and place
of birth, mother's maiden name, or biometric records; and (b) any other information
that is linked or linkable to an individual, such as medical, educational, financial, and
employment information regardless of how or where the information is stored or
transmitted.
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(2) Network security liability arising from: (a) the unauthorized access to, use of, or
tampering with computer systems, by an outside party, including hacker attacks or a
virus introduced by a third party; or (b) the inability of an authorized third party to gain
access to supplier systems and/or City Data, including denial of service, unless
caused by a mechanical or electrical failure; (c) introduction of any unauthorized
software computer code or virus causing damage to City Data or any other third party
data.
(3) Event management services and first -party loss expenses for a data breach response
including crisis management services, credit monitoring for individuals, public
relations, legal service advice, notification of affected parties, independent information
security forensics firm, and costs to re -secure, re-create and restore data or systems.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
iv. Automobile Liability Insurance of a minimum combined single limit for per occurrence for
bodily injury and property damage of $1,000,000 per accident, covering all owned, non -
owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office
(ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If
necessary, the policy shall be endorsed to provide contractual liability coverage.
V. Professional Liability/Errors and Omissions Insurance (including Technology Errors and
Omissions) of at least $1,000,000 per occurrence and $2,000,000 in the annual aggregate.
B. Additional Insurance Reauirements.
If the Contractor maintains higher insurance limits than the minimums shown above, the
City shall be insured for the full available limits of Commercial General and Excess or
Umbrella liability maintained by the Contractor, irrespective of whether such limits
maintained by the Contractor are greater than those required by this Agreement or whether
any certificate of insurance furnished to the City evidences limits of liability lower than
those maintained by the Contractor.
The insurance required in Section 7 shall be in a form and on terms and written by insurers
with a current A.M. Best rating of not less than A: VII. The Commercial General Liability,
Cyber Liability Insurance and Automobile Liability Insurance shall name the City as an
additional insured, and shall contain, or be endorsed to contain, that they shall be primary
insurance as respect to the City. Any insurance, self-insurance, or self-insured pool
coverage maintained by the City shall be excess of the Contractor's insurance and shall
not contribute with it.
iii. The Contractor shall provide the City with written notice of any policy cancellation within
two business days of the receipt of such notice. Contractor shall obtain replacement
insurance policies meeting the requirements of this Section 7.
iv. Failure of the Contractor to maintain the insurance as required shall constitute a material
breach of this Agreement, upon which the City may, after giving five business days' notice
to the Contractor to correct such breach, immediately terminate this Agreement.
V. The Contractor's maintenance of insurance, its scope of coverage and limits as required
herein shall not be construed to limit the liability of the Contractor to the coverage provided
by such insurance, or otherwise limit the City's recourse to any remedy available at law or
in equity.
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vi. Subcontractor's Insurance. The Contractor shall cause each and every subcontractor
utilized by the Contractor in connection with the provision of Services ("Subcontractors"),
to provide insurance coverage that complies with all applicable requirements of the
Contractor -provided insurance as set forth herein, except the Contractor shall have sole
responsibility for determining the limits of coverage required to be obtained by
Subcontractors. The Contractor shall ensure the City is an additional insured on each and
every Subcontractor's Commercial General liability insurance policy, using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20
37 10 01 for completed operations.
vii. The Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured
endorsements, evidencing the insurance requirements of the Contractor before
commencement of the work. Upon request by the City, the Contractor shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
& Record Keepina and Reportina.
A. Records Maintenance. The Contractor shall maintain accounts and records, including
personnel, property, financial and programmatic records which sufficiently and properly reflect
all direct and indirect costs of any nature expended and services performed in the performance
of this Agreement and other such records as may be deemed necessary by the City to ensure
the performance of this Agreement.
B. Retention Period. These records shall be maintained for a period of seven years after
termination hereof unless permission to destroy them is granted by the office of the archivist
in accordance with RCW Chapter 40.14 and by the City.
C. Public Records Requests. The Contractor acknowledges that the City is a public entity and is
subject to the Public Records Act under Chapter 42.56 RCW. To the extent permitted by law,
the City shall treat as exempt from treatment as a public record, and shall not disclose in
response to a request made pursuant to any applicable public records law, any of the
Contractor's Confidential Information. If a request is received for records the Contractor has
submitted to the City and has identified as Confidential Information, the City will use its best
efforts to provide the Contractor with notice of the request in accordance with RCW 42.56.540
and a reasonable time within which the Contractor may seek an injunction to prohibit the City's
disclosure of the requested record. The City shall comply with any injunction or court order
requested by the Contractor which prohibits the disclosure of any such Confidential
Information; however, in the event a higher court overturns such injunction or court order, the
Contractor shall reimburse the City for any fines or penalties imposed for failure to disclose
such records. Nothing in this section prohibits the City from complying with RCW 42.56, or
any other applicable law or court order requiring the release of public records, and the City
shall not be liable to the Contractor for compliance with any law or court order requiring the
release of public records.
D. Compelled Disclosures. If either the Party or any of its Representatives is compelled by
applicable law to disclose any Confidential Information then, to the extent permitted by law,
that Party shall: (a) promptly, and prior to such disclosure, notify the other Party in writing of
such requirement so that they can seek a protective order or other remedy or waive its rights
under Section 3; and (b) provide reasonable assistance, at the Disclosing Party's cost, to the
Disclosing Party in opposing such disclosure or seeking a protective order or other limitations
on disclosure. If the Disclosing Party waives compliance or, after providing the notice and
assistance required under this section, the Receiving Party remains required by law to disclose
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any Confidential Information, the Receiving Party shall disclose only that portion of the
Confidential Information that the Receiving Party is legally required to disclose. This Section
8.2 shall not apply to Subscriber's response to a request made under the Public Records Act,
Chapter 42.56 RCW.
9. Breach Notification.
A. The Contractor shall maintain a data breach plan and shall implement the procedures required
under such data breach plan on the occurrence of a data breach, in compliance with the
requirements of Washington's data breach notification law codified at RCW 42.56.590. The
Contractor shall report, in writing, to the City any data breach involving data maintained by the
Contractor on behalf of the City ("City Data") including any reasonable belief that an
unauthorized individual has accessed City Data. The report shall identify the nature of the
event, a list of the affected individuals and the types of data, and the mitigation and
investigation efforts of the Contractor. The Contractor shall make the report to the City
immediately upon discovery of the data breach, but in no event more than five business days
after discovery of the data breach. The Contractor shall provide investigation updates to the
City.
B. The Contractor shall promptly reimburse the City in full for all costs incurred by the City in any
investigation, remediation or litigation resulting from any data breach. The Contractor's duty
to reimburse the City includes but is not limited to, reimbursing to the City its cost incurred in
doing the following:
i. Notification to third parties whose information may have been or were compromised and
to regulatory bodies, law enforcement agencies or other entities as may be required by
law or contract;
ii. Establishing and monitoring call center(s) and credit monitoring and/or identity
restoration services to assist each person impacted by a data breach of a nature that, in
the City's sole discretion, could lead to identity theft; and
iii. Payment of legal fees and expenses, audit costs, fines and penalties, and other fees
imposed upon the City by a regulatory agency, court of law, or contracting partner as a
result of the data breach.
C. Upon a data breach, the Contractor is not permitted to notify affected individuals without the
express written consent of the City. Unless the Contractor is required by law to provide
notification to third parties or the affected individuals in a particular manner, the City shall
control the time, place, and manner of such notification.
10. City Data. The Contractor does not claim ownership of, and assumes no responsibility with respect
to any City Data defined as information, data, and content, in any form or medium, collected,
downloaded, or otherwise received, directly or indirectly from the City, an Authorized Personnel or
end-users by or through the Contractor's Services.
11. Audits and Inspections. The records and documents with respect to all matters covered by this
Agreement shall be subject at all times to inspection, review or audit by law during the performance
of this Agreement.
12 Termination. This Agreement may at any time be terminated by the City giving to the Contractor
30 days written notice of the City's intention to terminate the same. Failure to provide products on
schedule may result in contract termination. If the Contractor's insurance coverage is canceled for
any reason, the City shall have the right to terminate this Agreement immediately.
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13 Effect of Termination or Exairation. On the expiration or earlier termination of this Agreement:
A. Each Party shall continue to hold such Confidential Information in confidence pursuant to Section
8; and
B. Each Party shall pay to the other all undisputed amounts accrued prior to and through the date
of termination of this Agreement; and
C. The provisions set forth in the following sections, and any other right or obligation of the parties
in this Agreement that, by its nature should survive termination or expiration of this Agreement,
will survive any expiration or termination of this Agreement.
D. Within 60 days following such expiration or termination, the Contractor shall deliver to the City,
in a format as requested by the City, the then most recent version of City Data maintained by
the Contractor, provided that the City has at that time paid all undisputed fees then outstanding
and any amounts payable after or as a result of such expiration or termination.
E. In the event of (i) expiration or earlier termination of this Agreement, or (ii) the City no longer
purchasing certain Services from the Contractor, if the City requests assistance in the transfer
of City Data to a different vendor's applications ("Deconversion"), the Contractor will provide
reasonable assistance. The Parties will negotiate in good faith to establish the relative roles and
responsibilities of the Parties in effecting Deconversion, as well as the appropriate date for
completion.
14. Taxes. The Contractor shall be solely responsible for the payment of any and all applicable taxes
related to the Services provided under this Agreement; if such taxes are required to be passed
through to the City by law, the same shall be duly itemized on timely billings submitted to the City
by the Contractor.
15i Waiver. A waiver of any breach by either Party shall not constitute a waiver of any subsequent
breach.
16. Third Party Beneficiaries. This Agreement is solely for the conveniences of the Parties and there
are no third party beneficiaries to this Agreement.
17. Compliance with Laws. The Consultant shall comply with all applicable federal, state, and local
laws and regulations in performing this Agreement.
18. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this
Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age,
veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the
presence of any disability, or any other protected class status under state or federal law, in the
selection and retention of employees or procurement of materials or supplies.
19. Assianment and Subcontract. The Contractor shall not assign or subcontract any portion of the
services contemplated by this Agreement without the written consent of the City.
2Q. Entire Agreement: Modification. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Contractor and
supersedes all prior negotiations, representations, or agreements written or oral. No amendment
or modification of this Agreement shall be of any force or effect unless it is in writing and signed by
the parties.
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21. Severability and Survival. If any term, condition or provision of this Agreement is declared void
or unenforceable or limited in its application or effect, such event shall not affect any other
provisions hereof and all other provisions shall remain fully enforceable. The provisions of this
Agreement, which by their sense and context are reasonably intended to survive the completion,
expiration or cancellation of this Agreement, shall survive termination of this Agreement.
22 Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
23 Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other
proceeding is instituted to enforce any term of this Agreement, the parties specifically understand
and agree that venue shall be properly laid in King County, Washington. The prevailing party in
any such action shall be entitled to its attorney's fees and costs of suit.
24. Force Majeure. Neither Party shall be responsible for failure to fulfill its obligations hereunder or
liable for damages resulting from delay in performance as a result of war, fire, strike, pandemic, riot
or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or
partial shutdown of plant, unavailability of equipment, software, or services from suppliers, default
of a subcontractor or vendor to the Party if such default arises out of causes beyond the reasonable
control of such subcontractor or vendor, the acts or omissions of the other Party, or its officers,
directors, employees, agents, contractors, or elected officials, and/or other occurrences beyond the
Party's reasonable control ("Excusable Delay" hereunder). In the event of such Excusable Delay,
performance shall be extended on a day for day basis or as otherwise reasonably necessary to
compensate for such delay.
25. Counterparts. This Agreement may be executed in several counterparts, each of which when so
executed shall be deemed to be an original, and such counterparts shall constitute one and the
same instrument. This Amendment shall be considered properly executed by a Party if executed
by that Party and transmitted by facsimile or other electronic means including, without limitation,
SeamlessDocs or other City -approved program, Tagged Image Format Files (TIFF), or Portable
Document Format (PDF).
26. Conflict in Terms. In the event of a conflict between the terms of this Agreement and the terms
in any other document, including but not limited to all Exhibits hereto, the terms of this Agreement
shall prevail.
Exhibit A: Scope of Services
Exhibit B: Compensation Schedule
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** City signatures to be obtained by
City Clerk's Staff ONLY. **
CITY OF TUKWILA
DocuSigned by:
9/23/2024 1 11:22 AM PDT
Date
ATTEST/AUTHENTICATED:
Signed by:
3D04AB9746FA4E8...
Andy Youn, City Clerk
APPROVED AS TO FORM:
Signed by: ((l1
JV�A t . aax, A
5E499CA4165E452...
Office of the City Attorney
** Contractor signature to be obtained by
sponsor staff. **
SECURITY 101
DocuSigned by:
By: ,G1iMt,S 5ft, of
1A0FC69414AA42E...
Printed Name: James Stewart
Title: Franchise Owner
Address: 1158 Industry Drive Tukwila, WA 98188
Date: 9/12/2024 1 9:43 AM PDT
TIS Contract for Svcs Template 02-2021 Page 9 of 9
Project Location
City of Tukwila 6300
6300 South Center Blvd
Tukwila, WA 98188
City of Tukwila Base Line Assessment Project
Proposal No.: 238686.0
Thursday, August 29, 2024
Prepared For
Joel Bush
Information Technology
,6
A'
Security 101 - Seattle
1158 Industry Drive
Tukwila, WA 98188
WA — General Contractor: SECUR1 S812Q7 I WA — Low Voltage: LONG*R*789KF I WA — Other: AD SECUR1 S793CQ
The data contained in all pages of this proposal has been submitted in confidence and contains trade secrets and/or privileged or confidential commercial or financial information. Such data
shall be used or disclosed only for evaluation purposes, provided that if a contract is awarded to this proposer as a result of or in connection with the submission of this proposal, the Customer
shall have the right to use or disclose the data herein to the extent provided in the contract. This restriction does not limit the customer's right to use or disclose data obtained without restriction
from any source, including the proposer.
�
ga
ecu rity "'
Security 101 - Seattle
1158 Industry Drive
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Phone: 425-686-8558
Website: www.Securityl0l.com
Thursday, August 29, 2024
Joel Bush
City of Tukwila 6300
6300 South Center Blvd
Tukwila, WA 98188
Re: City of Tukwila Base Line Assessment Project
Dear Joel Bush:
Thank you for allowing Security 101 the opportunity to present this proposal for your consideration. This proposal is based on
our discussions, meetings, site surveys, and bid documents created by your organization.
Our company is uniquely qualified to provide the installation and service required for the above -referenced security system.
Security 101 has an established track record of installing and maintaining similar systems as well as meeting strict time
schedules and budget requirements.
Our engineering and project management staff have worked together with me to create this proposal. This team will be
prepared to deliver your installation in an organized and professional manner. Our installation crews and service technicians will
be uniformed, trained, and in company stocked vehicles.
In addition, upon completion of the installation, our service department staff will be ready to provide you with same-day service
utilizing our unique computerized dispatch system.
Finally, although most of the work to be done will be executed by other team members, I will be committed to monitoring the
process and making sure that your system meets or exceeds your expectations.
Rob Murray
Sr. Account Executive
rob.murray@security101.com
Cell Phone: 425-531-6302
Security General Description
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
This estimate is for the purpose of creating a Base Line Assessment of the existing WinPak ACS system in place for the city of
Tukwila at the City Hall and #6300 buildings. The task list for this visit is as follows.
1. Test all functions at doors, to include Card Reader, Door Contact, Request to Exit (REX), and Lock Function.
2. Test and Inventory All Components at each door to include Type of Reader, Type of REX, Type of Electrified Door Hardware,
and if Door Contact is Present.
3. Check to make sure all power supplies have Batteries, and check date of last replacement. If no date is found, we will assume
that the batteries need to be replaced.
Upon completion of the Base Line Assessment, Security101 will provide a full and comprehensive copy of the data.
NTE - This Assessment shall not exceed $2,900.00
Page 1 of 7
Security Clarifications
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
* All work to be completed during normal business hours between 8 am and 5 pm.
*Work will be stopped if asbestos is seen during the installation.
* Change Orders: If unseen obstacles in the ceiling or behind the walls require a stop of work, a change order may be required.
* Maintain a clean and clear space for technicians to install equipment.
* The customer is responsible for providing and maintaining 120VAC Power and an internet connection to the system panel.
* The customer is responsible for granting access to the ACS Server Interface for Service & Reporting Purposes.
Page 2 of 7
Security
Bill to: City of Tukwila 6300
6300 South Center Blvd
Ste 202
Tukwila, WA 98188
INSTALLATION
EQUIPMENT
MATERIALS
TOTAL INVESTMENT
Financial Summary
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
Ship to: Attn: Joel Bush
City of Tukwila 6300
6300 South Center Blvd
Ste 202
Tukwila, WA 98188
$2,900.00
$0.00
$0.00
$2,900.00
Plus applicable taxes
Page 3 of 7
Security
Limited Warranty; Exclusions and Disclaimers
Terms and Conditions
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
1. To the extent not otherwise warranted pursuant to an applicable manufacturer's warranty, Security 101 warrants all Equipment against defects
in materials three (3) months from the date of shipment.; provided, however, no warranty is made as to, and there is specifically excluded from
the warranty, any and all expendable supplies, equipment and parts which have been misused, abused, not used in the manner intended,
neglected, or damaged by an act of God or altered, modified, or manipulated in any manner by Customer or a third party. Any defect in the
installation during the Warranty Period will be repaired or replaced at the option of Security 101. Any shipping charges in connection with a
repair or replacement shall be the responsibility of Customer. The repair or replacement shall constitute Customer's sole remedy against
Security 101.
2. Ownership of product transfers to the customer at time of shipment. The customer is solely responsible for recovery of loss from the carrier.
3. All shipping charges are the responsibility of the customer. Shipping is FOB shipping point.
4. Security 101 MAKES NO OTHER OR FURTHER WARRANTY WITH RESPECT TO INSTALLATION LABOR, MATERIALS AND EQUIPMENT OR ANY
OTHER PORTION OF THE WORK OTHER THAN THE FOREGOING WARRANTY AND SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5. IN NO EVENT SHALL Security 101 BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY,
OR PUNITIVE DAMAGES OR FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY OR ANY OTHER CAUSE AS A RESULT OF A
DEFECT IN LABOR, EQUIPMENT OR OTHER SUPPLIES OR MATERIALS WITH RESPECT TO ANY ITEM FURNISHED UNDER THE AGREEMENT,
MALFUNCTION OR NONFUNCTION OF ANY SYSTEM, WRONGFUL PERFORMANCE OF OR FAILURE TO PERFORM ANY ACTS INCLUDED IN THE
WORK, TRANSPORTATION DELAYS OR BREACH OF WARRANTY.
6. Customer acknowledges that no warranty, representation, or statement by any representative of Security 101 not stated herein shall be
binding. This writing, and the document or documents attached hereto or of which this writing is a part, if any, constitutes the final expression of
the parties' agreement and is a complete and exclusive statement of the terms of the Agreement.
Limitation of Liability
/. The parties understand and agree that: (a) the Work is intended to constitute or be part of a security system designed to reduce risk of loss for
the Customer; (b) Customer has selected, accepted and approved the Scope of Work after considering and balancing the levels of protection
afforded by various types of systems and services available to it and the related costs of them; (c) neither Security 101 nor any person engaged by
Security 101 to perform any portion of the Work shall be construed to be an insurer of the person or property of Customer, its employees, agents,
contractors, assigns, customers, invitees or any other person at the location(s) where the work is performed (the "Location(s)"; (d) the Price and
Payment Terms are based solely on the cost and value of Security 101 providing the Work and are unrelated to the value of property of Customer
or others located at the Location(s); (e) the Price and Payment Terms do not contemplate any payment being made or consideration being given to
Security 101 for any guarantee, warranty or insuring agreement by any one or more of them to Customer with respect to the person or property of
anyone; (f) Security 101 MAKES NO GUARANTEE OR WARRANTY OF ANY KIND THAT THE WORK (INCLUDING ANY MATERIALS AND EQUIPMENT
SUPPLIED AS PART OF THE WORK) WILL AVERT OR PREVENT OCCURRENCES OR CONSEQUENCES THEREFROM WHICH THE WORK IS DESIGNED TO
DETECT OR AVERT.
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Security Terms and Conditions (cont.)
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
10. Software License(s). Software required to operate systems are governed by the License Agreement provided by the system manufacturer(s).
Access Control Terms & Conditions
Additional Terms & Conditions
Installation
11. All required installation documents are included.
12. Installation of all required equipment and materials with on-site supervision of project is included.
13. Labor quoted assumes normal eight (8) hour working days, excluding weekends, holidays and overtime.
14. Idle time incurred by Security 101 employees and their subcontractors due to escorts, clearances, inability to enter workspace, and other
factors beyond our control, will be invoiced at our current labor rates.
15. This proposal includes travel to and from the site to perform our stated scope of work. Additional or duplicate site visits required due to
factors beyond our control, will be invoiced at our current labor rates.
16. Client to coordinate with local Security 101 staff to provide safe and timely right -of -passage in the work area during cable run and system
installation.
17. Client to provide and coordinate 110 VAC electrical service where needed.
18. All LAN/WAN connections, addressing and network functionality are the responsibility of the Client.
19. Any telephone lines or LAN/WAN connections must be installed and operational prior to Security 101 commencing work. The local Security
101 representative will verify the availability and functionality of all connections prior to starting work.
Changes in Scope of Work
20. Any changes in the understood scope of work will be communicated and approved in writing (by an authorized Client representative), prior to
commencing work.
Permits/Banding/Sealed Engineered Drawings
21. Permits, bonds, and other requirements by any government agency are not included.
Miscellaneous
22. The bold headings and numbered paragraphs are for convenience only, have no legal significance, and shall not be deemed to alter or effect
any provision of this Agreement.
23. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if
such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions (including the
denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the
party whose performance is affected.
24. Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due
and payable hereunder) to the extent said failures or delays are proximately caused by causes beyond that party's reasonable control and
occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially
meet its performance obligations under this Agreement, provided that, as a condition to the claim of non -liability, the party experiencing the
difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which
performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
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Security Terms and Conditions (cont.)
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
25. In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in
any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be
construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or
provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.
For the amount of $2,900.00 (tax not included)
This proposal dated Thursday, August 29, 2024 is valid until Saturday, September 28, 2024
The person or persons below represent that they are authorized to sign and execute this binding agreement. This acceptance
indicates understanding of the complete proposal, including clarifications, design, programming, drawings, ownership and
software licenses and the Warranty Service Plan, if included as a part of this proposal. This system proposal is intended to
provide the customer partial protection of the designated premises. Its design should be understood to represent a compromise
between the costs, understood scope of work and customer feedback. Accordingly, such a system may not provide ample
protection from all possible threats, and Security 101 shall not be responsible in such an event.
Billing and Payment Terms
50% upon Deposit
50% upon Job Complete
Under no circumstances may the customer make payments directly to any subcontractor, material supplier, laborer or any other
person performing work or furnishing material under the Agreement without the prior written consent of Security 101.
Licenses
WA — General Contractor: SECUR1 S81 2Q7 I WA — Low Voltage: LONG*R*789KF I WA — Other: AD SECUR1 S793CQ
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Security
City of Tukwila 6300
Acceptance
Proposal #238686.0 City of Tukwila Base Line Assessment
Project
Security 101 - Seattle
Authorized Customer Signature (date) Authorized Security 101 Signature
Printed Name Printed Name
Title Title
Purchase Order Number
(date)
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