HomeMy WebLinkAboutAgreements/Contracts - Sheriff & Jail (002)CONTRACT
THIS CONTRACT ("Contract"), entered into by and between GRANT COUNTY, duly
organized and operating under and by virtue of the Constitution and the laws of the State of
Washington ("County"), and Financial Consultants International, Inc., a Corporation duly
formed and doing business in the State of Washington ("Contractor").
In consideration of the mutual promises and covenants contained herein, the parties
hereto agree as follows:
Work of Contract/Scope of Work.
The requirements of this project, Grant County Sheriff's Office Vehicle Upfitting &
Maintenance, are as follows:
SCOPE: Grant County requires support in completing the installation and maintenance of
Sheriff s Office vehicles. Contractor will:
(1) Install and configure specialized Sheriff's Office equipment utilizing best
practices:
a. Supply wiring/hamess/connectors;
b. Install aftermarket equipment designated by Sheriff's Office including but
not limited to: Install aftermarket equipment designated by Sheriff's
Office including but not limited to: Mobile radios, siren
modules/controllers with external speakers, console, laptop stand, prisoner
cage, prisoner seat, spot lights, emergency lighting system, printers, shot-
gun/rifle rack, storage lockers, wireless modems (Cradlepoint), external
antennas, low voltage cutoff system, PIT bumper & rail system;
(2) Maintain installed equipment (except radio, radar, MDT, Cradlepoint and laptop
equipment);
(3) Remove specialized equipment after life of vehicle.
The Contractor shall not use sub -contractors for the work done pursuant to this Contract
without written permission from the County. The term "work" shall mean all work individually
and/or collectively performed by the Contractor during the project.
At the discretion of the Grant County Sheriff's Office, the Contractor will service
overflow vehicles when the primary contractor is unavailable.
1. Service Site. Contractor shall possess adequate facilities at their place of business to
perform the specified work inside a controlled environment that provides shelter and security for
vehicles while at their location.
2. Duration and Termination. The Contract shall extend for five (5) years from the date the
last party signs the contract. The Contract may be extended at the end of the five (5) years upon
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written agreement by both parties. Either party may terminate the Contract without cause and for
any reason upon giving thirty (3 0) days' notice to the other party.
3. Schedule and Budget.
COSTS:
(1) A basic install of supplied equipment for a patrol car is about $4,800. This includes a
MZL timer, all wiring, fuse blocks and other shop supplies.
(2) Add-ons include equipment box for $180 and MagMic for $35.
(3) Removal of all equipment from out of service vehicle for $650.
(4) Hourly rate of $100/hr.
BILLING STATEMENT:
Contractor shall submit a billing statement and/or invoice to the County at the completion
of each vehicle serviced. Such billing statement and/or invoice shall set out the nature of work
performed, as well as the time and materials involved in such work or percentage of work
completed as mutually agreed upon by the Contractor and the County. The County will pay such
statement and/or invoice within thirty (30) days of receipt.
4. Insurance. The Contractor shall procure within ten (10) business days after final signatures
are obtained for the Contract, and maintain for the duration of this contract, insurance against
claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Contractor, its agents, representatives, employees or
subcontractors. The Contractor shall provide a Certification of Insurance evidencing:
a Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and propertydamage; and
b. Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and $1,000,000
aggregate for personal injury, bodily injury and property damage.
c. Worker's Compensation insurance at the limits established by the State of
Washington.
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Contractor. The County shall be named as an additional insured on the insurance policy, as
respects work performed by or on behalf of the Contractor and a copy of the endorsement naming
the county as additional insured shall be attached to the Certificate of Insurance. The Contractor's
insurance shall be primary insurance with respect the County and the County shall be given thirty
(30) days prior written notice of any cancellation, suspension or material change incoverage.
5. Indemnification. The Contractor shall defend, indemnify and hold harmless the County,
its officers and employees from all claims, demands, damages, costs, expenses, judgments,
attorney fees, liabilities or other losses that may be asserted by any person or entity, and that
arise out of or are made in connection with the acts or omissions relating to the performance of
any duty, obligation, or work hereunder. The obligation to indemnify shall be effective and shall
extend to all such claims and losses, in their entirety, even when such claims or losses arise from
the comparative negligence of the County, its officers and employees. However, this indemnity
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will not extend to any claims or losses arising out of the sole negligence or willful misconduct of
the County, its officers and employees.
The preceding paragraph applies to any theory of recovery relating to said act or
omission, by the Contractor, or its agents, employees, or other independent contractors directly
responsible to Contractor including, but not limited to the following:
a. Violation of statute, ordinance, or regulation;
b. Willful, intentional or other wrongful acts, or failures to act;
c. Negligence or recklessness;
d. Furnishing of defective or dangerous products;
e. Premises liability;
f. Strict Liability;
g. Violation of civil rights; and/or
h. Violation of any federal or state statute, regulation, or ruling resulting in a
determination by the Internal Revenue Service, Washington State Board of Tax
Appeals or any other Washington public entity responsible for collecting
payroll taxes, when the agency/firm is not an independent contractor.
It is the intent of the parties to provide the County the fullest indemnification, defense,
and "hold harmless" rights allowed under the law. If any word(s) contained within the contract
are deemed by a court to be in contravention of applicable law, said word(s) shall be severed
from the contract and the remaining language shall be given full force.
6. Payments Withheld. The County may withhold or, on account of subsequently discovered
evidence, nullify the whole or part of any payment to such extent as may be necessary to protect
the County from loss or damage for reasons including but not limited to:
• Work not in accordance with the Contract;
• Reasonable evidence that the work required by the Contract cannot be completed for the
unpaid balance of the contract sum;
• Work by the County to correct defective work or complete the work;
• Failure by the Contractor to perform in accordance with the Contract; or
• Cost or liability that may occur to the County as the result of Contractor's fault or
negligent acts or omissions.
PROVIDED: In any case where part or all of a payment is going to be withheld for
unsatisfactory performance, the County shall notify Contractor in accordance with RCW
39.76.011(b).
7. Authority of County. If the Contractor fails to perform the work according to
requirements of the Contract, the County shall provide written notice of the deficiency to the
Contractor and Contractor shall have seven days to correct the deficiency in the work. If the
Contractor fails to correct the deficiency in the work within the seven day period or to take and
continue all appropriate steps to initiate the corrections in the event corrections cannot be
reasonably completed in the seven day period, the County may, without prejudice to other
remedies, (a) use County forces, other contractors, or other means to make good the Contractor's
deficiency and (b) deduct from the Contractor's payments the cost of such effort.
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8. Warranty of Construction. In addition to any special warranties provided elsewhere in the
Contract and/or companion or applicable documents, the Contractor warrants that all work
conforms to the requirements of the Contract and is free of any defect in equipment, material, or
design furnished, or workmanship performed by Contractor.
With respect to all warranties, express or implied, for work performed or materials
furnished according to the Contract, and/or companion or applicable documents, the Contractor
shall:
• Obtain all warranties that would be given in normal commercial practice;
• Require all warranties to be executed, in writing, for the benefit of the County; and
• Enforce all warranties for the benefit of the County, if directed by the County, including
any subcontractor's, manufacturers, or supplier's warranty that extends beyond the period
specified in the Contract.
• The obligations under this Section shall survive completion.
9. Successors and Assigns. The County and Contractor respectively bind themselves, their
partners, successors, assigns, and legal representatives to the other party hereto and to partners,
successors, assigns and legal representatives of such other party in respect to covenants,
agreements, and obligations contained in the Contract. Neither party shall assign the work
without written consent of the other. If either party attempts to make such an assignment without
such consent, that party shall nevertheless remain legally responsible for all obligations set forth
in theContract.
10. No Agency Relationship. Neither the Contract, nor any agreement implied therefrom,
constitutes the Contractor as an agent or legal representative of the County for any purpose
whatsoever, and the relationship of the Contractor to the County by reason of the Contract
Document shall be that of an independent contractor. The Contractor is not granted any express or
implied right or authority to assume or create any obligation or responsibility on behalf of or in
the name ofthe County or to bind the County in any manner or thing whatsoever.
11. Survival. In the event any clause or provision of this Contract shall be held to be invalid,
then the remaining clauses and provisions shall nevertheless be and remain in full force and effect.
12. Entire Agreement. The Contract embodies the entire agreement between the parties, all
other agreements, oral or written, are hereby merged into and superseded by the Contract. There
are no other agreements which modify or affect the terms hereof. No amendment hereto shall be
binding unless the terms thereof are in writing signed by both parties. Time is of the essence. No
verbal or other agreements modify or affect the Contract.
13. Explanation of Documents. The Contract been fully reviewed by the Contractor. The
Contractor has had the opportunity to consult with legal counsel as to the legal effect of the
Contract.
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14. Notices. All notices which maybe required pursuant to the terms hereof are to be in writing
and delivered personally to the party to receive the same or mailed by regular mail, postage
prepaid to the address specified adjacent to the parties' signatures. All notices shall be deemed
served upon delivery thereof or three (3) days following deposit of the notice in the U.S. mails as
required herein.
15. Headings, Construction. The headings of the sections and paragraphs are inserted solely
for the convenience of the parties and are not a part of and are not intended to govern, limit or aid
in the construction of any term or provision hereof. In construing the parties' intent with regard to
this contract, no greater or stricter construction of any term or provision hereof shall be asserted
against the County as drafter.
16. Disputes, Attorneys' Fees. In any controversy, claim or dispute arising out of, or relating
to, this contract or the method and manner of performance thereof or the breach thereof, the
prevailing party shall be entitled to be awarded its reasonable attorney's fees in addition to such
other damages as are appropriate. If neither party wholly prevails, the party that substantially
prevails, shall be awarded its reasonable attorneys' fees as litigation expenses. For the purposes
of this provision, the terms "proceeding" and "litigation" shall include arbitration, administrative,
bankruptcy, and judicial proceedings, including appeals therefrom. For purposes of this contract,
the actual attorneys' fees incurred shall be deemed "reasonable".
17. Governing Law, Venue. The performance and interpretation of the Contract Document
shall be governed and interpreted in accordance with the laws of the State of Washington. Any
litigation arising out of or in connection with this Contract shall be conducted in Grant County,
Washington.
FCI Grant County Sheriff's Vehicles Upfitting and Maintenance Contract - Page 5 of 6
Dated the of 2020.
CONTRACTOR:
Financial Consultants International, Inc.
Bv:
Alan Bateman
Secretary/Treasurer
UBI No. 602-690-142
Dated the <�?(o of , 2020.
ATTEST:
B rba J. Vasquez
q// .1
of the Board
Approved as to form:
By
Kevin McCrae
Deputy Prosecuting Attorney
Date:
BOARD OF COUNTY COMMISSIONERS
G CO NTY, ASH NGTON
ffk"
Cindy Carter, Chair
To r, Vice Chairi
01
Richard Stevens, Member
FCI Grant County Sheriff's Vehicles Upfitting and Maintenance Contract - Page 6 of 6
4
Dated the
—f,op_of MAK, 2020.
CONTRACTOR:
Financial Consultants International, Inc.
By: V
Alan Bateman
Secretary/Treasurer
UBI No. 602-690142
Dated the 2i0 of 2020.
BOARD OF COUNTY COMMISSIONERS
GR=NTY, AS GTON
Cindy Carter, Chair
To r, Vice Chair{
Richard Stevens, Member
ATTEST:
4BJ. Vasquehe Board
Approved as to form:
Kevin McCrae
Deputy Prosecuting Attorney
Date:
FCI Grant County Sheriff's Vehicles Upfitting and Maintenance Contract -Page 6 of 6