HomeMy WebLinkAbout*Other - District CourtGRANT COUNTY DISTRICT COURT
Brian D. Barlow, Presiding Judge
Nicholas L. Wallace, Judge
July, 11, 2023
Board of County Commissioners
Ephrata, WA 98823
Grant County Courthouse
PO Box 37 / 3 5 C St NW
Ephrata, WA 98823
Phone: 509-754-2011 Ext 3128 Fax: 509-754-6054
Email: dochocinski@grantcountywa.gov
RE: Moon Security Contract Termination
Board of County Commissioners:
Brian D. Gwinn, Judge
Melissa K. Chlarson, Court Commissioner
Grant County District Court would like the board to consider signing the provided termination
notice to Moon Security regarding the services agreement for District Court in Moses Lake.
Previously I asked Tom Gaines to consider taking over providing and maintaining the security
cameras in Moses Lake like the ones in Ephrata. I also spoke with Kevin Schmidt regarding the
need for a burglar alarm. Now that we have the badge entry, which allows us to monitor access to
the building, the burglar alarm doesn't seem to be a necessity.
Recently I received a communication from Moon Security requesting we sign renewed contracts
with increased rates, so I spoke with Tom again and we agreed that expediting the project was
appropriate. TS is fully prepared to start installing the cameras in Moses Lake but we would need
to first send notice of termination of the attached contract to Moon Security.
If you have any questions, I can be contacted at 509-754-2011 Ext. 3128.
Sincerely,
Desiree Ochocinski
Court Administrator
MOSES LAKE BRANCH OFFICE
1525 E. Wheeler Rd, Moses Lake, WA 98837
Mailing: PO Box 37, Ephrata, WA 98823
RECEIVED
JUL 9 9 202;
GRANT COUNTY COIAMISSIONERS
PLEASE DIRECT ALL INQUIRIES TO THE EPHRATA OFFICE
KEVIN J. MCCRAE
L
Monday, July 10, 2023
MOON SECURITY SERVICES INC.
P.O. DRAWER B
PAS CO, WA 99302
ATTENTION: GIL BROWN AND SHERYL MARKLAND
RE: Moon Security Services Agreement — Notice of Termination
To Whom it May Concern,
This letter serves as notice of termination of the Services Agreement dated November 22, 20115
con-n-nencing December 1, 2011, between Moon Security and Grant County, which has renewed
on the I st of December each year since that time to include December 1 2022 (attached for
reference). f
The County understands that pursuant to section three (3) of the agreement, the County must
provide 30 days written notice to Moon Security of intent to terminate. The County further
understands this notice must be served via personal delivery, or mailed postage prepaid and
properly addressed pursuant to section 13. Accordingly, the County will deem this contract
terminated at the start of the 31 St day following mailing of this termination notice.
The County is in receipt of two additional contracts sent via email from Sheryl Markland to
District Court Administrator Desiree Ochocinski, which Moon Security has requested the County
sign. The County does not intend to sign either of those contracts., but rather seeks to terminate
business with Moon Security regarding these particular services.
Sincerely,
Barbara G. Duerbeck
Deputy Prosecuting Attorney
b22duerbeckggKantcounty"yva.gov
GRANT COUNTY PROSECUTING ATTORNEY'S OFFICE
35 C ST NW, PO BOX 37
Ephrata, WA 98823
Phone: (509) 754-2011 x 3912
35 C ST NW, PO BOX 37 & Ephrata, WA 98823a phone: (509) 754-2011 ® fax: (509) 754-6574
KEVIN J. MCCRAE
•
BOARD OF COUNTY COMMISSIONE
GRANT COUNTY5 WASHINGTON I
Ilk,
tr .ly:F•
Rob -offesielChair
-j
Cindy Ca ember
Danny �Stone, Member
Dated theof61 2023.
ALTEST:
Barbarh J. Vasque,,
Cllerk)bf the Board
35 C ST NW, PO BOX 37% Ephrata, WA 98823,s phone: (509) 754-2011 9 fax: (509) 754-6574
Hi Barb,
If this is on consent and I am not there for some reason, Desiree from DC and Tom Gaines
should know what this is about.
The short summary is that TS is going to be taking over what Moon Security provides re: this
contract, so we are seeking to terminate the contract. The contract attached to the letter is the
contract we are seeking to terminate. I provide it so the BOCC can have it for reference as well
as Moon when I send them the letter once it is executed.
This is a county contract so the BOCC needs to sign off on terminating it.
Feel free to give me a buzz if you have any questions.
Thanks,
Barbara x 3 912
arc/
M SERVICES AGREET
ME, tiV N -
between Grant
Ms Agreement 'is made as of the day of
I�.i,Cowty, a third olassraou ixty, duly orgy -6 ed =d. 1*ra� i�� and by virtue, cif the Constitution
and the hkws of the State of Washington �ICOUNTV% and Moon Security S=vioes, ho.,
�`1 OON SECURITY%$)"
The pardes agnea as fioUows:
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1. WUPOSE0 0 hemby eMpAqys M_OQRS C'..'
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thi* n m d thro ut the:,. roraisdg C'd1h=-0 n-1 y- 'kil-d"Y'VA''
ipated ho- _p
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2011,
1, TBRM. This Agree= W thoit, be, in rwtfarae fid:e er
t
Decendber 1, 20122 :test0 -,wsuan I o lffi6
PkCrVTDF,D- Th. is Agreement sh'aU be daetb''A
ugh V et 2-�
wit, 201:2 tb;og• h 201,,1018 -farbUgh.2014, 2014 01 5 at '' t*
"distat tarainaftion,prov out 'bolow M '.'RM9r
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3.
Pon:
3. SECILM-Ty" -xuriy trate tfus. A-
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0UNTY may terminate Ibis A
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4. SCOpE Op WORIC, MOON SECURITY shal exeouto the endre work set ford'
bdows,
a. 14iDON 8RCLWrY will provide labor aud travel (service) at no charge to the
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liaft- 8�t &ra below.- SPWAKPA-
paid. �y th6--C.0L1WTY =less equipment it under'W:'-ar'ran#: 4* 0404 df One
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yearnew
after inst-diefion',
b. Stope of Warkfteludea:
a
i. Relocation, changing set-up, changffig original feat=s or functions,
modifications or -major over hauls,
fi. In the event equipment fails to function due to oiVil disturbance, burglary..,
,flood}411-IM n+i6o at -+v -Pr.,e%A a4+ni ei-F foundefians,
P %J1 JL V P &
ise, power Mwe eorfluetaWons, or due to work performed by
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FOR FILE, PITEPOESM"3 C)NLJ
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personnel other than, MOON SECtJPJTY representafives, MOON
SECURITY will be relieved of its responsib4ity under this Agreement,
5, SXXVICES. MCYON SEC TY shall provide monitoring services as set forth below.
a. Extended burglary monitoringgto' M
ellude:
i. Alant Vstp�q .oammoio*s -.014i Moon Security Services 24 how TJL
Us N 0 b'' ft
it. Monitor alarna, trouble, maintenance signals (power failurehow battery);
ni. Monitor and Supervise open & close signals;
iv, Follow mid respond to unique insftucdons for each signal type based on
,
the Customer's needs;
v,, Receive daily and/or weekly system dialer test; and
vi. Malata a database up to and including all. pertinent personal -information.,
as well as a secondary da*age of individual phare numbers and contact
ir&ormatidn for each employee,
b. Camera and.survefflance equipmentmi-spedtion to indladei:
L Visual =Peation of all acoessible d&vib'es,
iL Cleaning of all aceessible de -Aces;
lip
in, All inspections/cleaning shall be perfonned by qualified and/or corfified
teolmieiaus; efd
W, Teclmicimm shd-U be lioenged, bonded, and imured.
L A Witten cera clean" g and inspection report will be provided for the
COUNTY and MOON SECURITY;
1, One report. copy will be provided for the site-,
2. One report copy WRI be provided to the -COUNTY; and
'3. 0aereport copy W1111 bei provi4ed to 1he MOON 9ECURITY,
H. After the written inspection. repmthm been received, NN S. ECUPJTY
shag provide the CS TY with wx1ftm documentafion of any devites or
equipment that reqwika replacem=t, repair, recahibradon. or clew3ing -at an
additionA fee separate from the camera ' ection contract
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d, Speeffications:
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MOON, SEM91T Y, Wiu, ex&rm a V -M*. W in*Wpn =d I
Davtces that or ace= -fold to be eiit of -faetory. 'tole'
rauaw or
th
specifications, improperly plaaecL or used or a purposeey where not
designed for, wM be noted on the inspection report,
e. Secu dity InspPetions:
I', ft
0nal test of -aU accessible, restorablerestorabledevdeviceswith the
Funo
maau6tbrerls approved testftigrtid6d; and
il Visual impeotionof all accessible devices.
2011 Services Agreement - Page. — 2
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iii, Tests include:
1.
Communication test, where applicable;
2.
Baftery test;
3.
All testing will be -done by qualified and/or oerflRed technicians;
amd
4.
Technicians will be licensed, bonded, and inamed.
iv, Docum. entadon,
I.
One report copy will be pi-ovi'ded for the site;
1
One report copy wifl be provf4ed to the COUNTY;
3.
One report copy wi-11 be pravided to the MOON SECURITY;
4.
If required, updated operation and maintenance -documents will be
provided to the CO UWY; and
5.
After the wdsten inspection report has been received, Moon
SecaTily Savices shall provide the COLNTY with written
doc=- entation of any devices or equipment that xequire
vpplacemen4 repair, recalibration, or cleaning at an additional fee
separate fxom the camera, hispectiori contract
6. PAYMENT RATE.
COUNTY agrm to pay MOON SECURITY acoording to a total
monthly schedule, to
I
wit,
7. -PAYM NT DUE. COUNTY agrees that a1l MOON SECLMITY invoices for sem'ces
are dm upon. receipt.
S. INDEPENDENT CONTRACTOR STATUS. MOON SECURITY is an independent
,contractor, and not -an. agent, eWloyoe or servant of the COUNTY. Seow-1-ty officers
provided by MOON:$ECUR110T orp not ggants., pMployzr es 0. of the C
.9Md 64 not, under,,gay cix-amutames,any bo Wbenefits,inoluditig
ex� to tNTY
but not limited to medical, dent L or other insurance benefits, fringe benefits, or any
o1her rights or privileges aff-Wed to COUNTY employees. MOON. SECURITY shall
have and maintain complete responsibility and control over all of its subcontractors,
.prqp16yee%1 agents, andrepreswtattves No subwntaciu'r, empro yeei agent, or
of MOO N. SECURUTY shill be or deemed td:bo or act drt o.,
re b as
PT
20-11 Services Agreement - Page - 3
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-O;t satioa poo such emplqyees, MOON - SECUI�JTY
ftfhe�,Vq, -meat A11 pvM11 tan�; use,
lmpnzw�
Of
other form. of taxes, fees, licenses; excises, or payment reed by any city, couilty,
federal or mte. legislation WlAch is now or may during the term of this' Agreement be
enacted as, to all persons employed by MOON and as to all duties, activities
airst -b and.
*t pejtfo the
mer1 re...
work
md
1. -.;W. .. . .01
.assume,
OxWusiw b ty i atd med aU requirem hereunder p W
rules or regulations. SPECIFICALLY: MOON SOB to. $MM44*
remove any of its employees, volunteers, or agents from assig=ent to perf-o= services
under this A-gceemaat upon receipt of a written request to do so kom the COUNTY.
9.INDE1 MFI-CATION. MOON SECURITY, its officers, agents and employees, agrees
to fully indemnify, hold harmless and defend COUNT'i", its officers, agents and
employees, against any and 61.1 liability, damago, loss claims demands, and action of any
natwr, whatsoever. on acctmut of personal ini'larles, including, wit-hout lirm"t oxo the
foregoing worker's compensation and death olaims, propel loss or damaganf* any -k mid
whatsoever, which =ise out of or are in any manner, conndated with, any n or
intontional act or omission of MOON SECU, 1UTYj its offiaers, agents and enjpjoy---ees in
perfo='ng.,th.is,A-gre.ein�nt', MOON SECURITY ,shad, at -'its own expense, mvestigate all
such clairas -and derzzW attend to their sett onmg or other disposition, defend all
action based. thereon and pay all charges of attorneys and all other casts and expensesbf
any kind axis iag from any such liabiRty, damage, loss, claims dem mr ds.and actions.
10. WAIVER OF YAMUN.'ITY. Furthermore, for the purpose of tluls: section, MOON
SECUMY expressly WmiVes its immunity ut6er fide 51 or subsequent reAsions of the
Revised Code of Washingot, the Industrid Insuranee Aot, for in-juxles to its• employees
and agrees to ivdenuffy, "Ma and hold harness COUNTY from any claims bzought
by or on behalf of any employee, voluntber, or agent ofMOON SECLUUTY.
1. DOCUMENT CO WLICT, Should =y conflict arise between flu"s A$reement and
COUNTY -"s purchase order or.other doc =-ent, thris. Agreemejit VARI govern, whether such
purdhase order or document is prior to, or subsequent *to, leis Agreement
12. SEWSAUMTY. If a, court of cm#�t �urLsdiction holds any part., terra; pro ion.
of this Agreement to be illegal., or in-val-d in whole, or M' pari the Vdiffity cif the.
-hts
V1810=,�tb N a�d., and
Vo aJJ no e tl p#,=
, t. - rig Ond, obligat! sW- �be
xem.A.'Wni
'a (M Drm d as if laot cotit me ul V isA
''AS an P ar pro . oz.
to be invalid.
13. NOTICES, AD notices and/br. written -com=mkallions- required or permitted to be given
or served by any pmty horeto upon any 91offier, shall br, deem.- ed -g-iv= or served ffi
2011 Services Agreement - Page - 4
Crvil AgMt1rant
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accordance with the proAsions contained herein, by delivering enng personally,, oTmailed,
postage prepaid mid properly addressed, as follows,
If to the COUNTY:
Barbara Smith
District Court Administrator
Gra-at County Courthouse
P,O, Box 37
Ephrata WA 98823-0037
If to M.0 -ON SECURITY: 011 Brown
Moon Security Services, lum,
P,0. Drawer B
Pasco, WA 99302
14, ENC= AGREEWNT. TIds Agreement constitutes the onfire agreement of the
pardies, and supersedes all prior agreements, contracts and understandings, writtm or
oral. 'This Agreement may be amended only in wrting, signed by the pmtes.
15. ASSIGNABIL ITY. MOON SECURITY may not ass its rights anor obligations-
under this Agreement to a third party without the express vinitten conftnt of the
COO N. -TY,
1-6, NOI-VAIVER. No faflum of the parries to insist on the strictest performanc. e -of any term
of this Agreement shall coastitute a waiver of any such term or au abandonwen� of thlias
Agreement,
17. JMSDI.CTION. This Agremnetit has been and shall be-constmed as having been made
by both parfies, and delivered withit the State, of Washington, and it is agreed b� the
parties hereto that this Agreement shag be governed by the laws of the State of
Washing=; both as to izerpretation. and perf-bnnance.
1-8. DISPUTES, The parties mitually 40ee to att!* to resolve any disputes regarding
interpretation or enf-breemont of the tem and conchftions of this Agreement by good faith
negotiation. PROVIDED: Neither party shall be precluded ftom seeking legal v6medies
subsequenttogood faith negotiation.
19, E-EFECTIVE DATE. This Agreew. nt shall ht e5ative upon signature by the last party
signing and shall terminate only upon! the written, mutual consent of 'the parties, except as
may b6 othetwise provided elsewhere, Mi. this Agreement.
2011 S5rvlices Agreement - Page— 5
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