15. |
Notices. | |||||||
Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when both (1) transmitted via facsimile to the telephone number listed below and (2) either deposited in the United State mail, postage prepaid, or when deposited for overnight delivery with an established overnight courier that provides a tracking number showing confirmation of receipt, for transmittal, charges prepaid, addressed to: | ||||||||
In the case of County, to: San Mateo County Information Services Department Chris Flatmoe, CIO/Director 455 County Center, Third Floor Redwood City, CA 94063 |
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In the case of Contractor, to: Johnson Controls, Inc. Steve Sandoval, Account Executive/Security 3526 Breakwater Court Hayward, CA 94545 | ||||||||
In the event that the facsimile transmission is not possible, notice shall be given both by United States mail and an overnight courier as outlined above. | ||||||||
IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands. | ||||||||
COUNTY OF SAN MATEO A Political Subdivision of the State of California | ||||||||
By: |
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Adrienne Tissier, President, Board of Supervisors, San Mateo County | ||||||||
Date: |
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ATTEST: | ||||||||
By: |
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Clerk of Said Board |
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JOHNSON CONTROLS, INC. | ||||||||
By: |
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(Printed Name) | ||||||||
Date: |
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EXHIBIT A - SERVICES AGREEMENT BETWEEN COUNTY OF SAN MATEO AND JOHNSON CONTROLS, INC. | ||
In consideration of the payments set forth in Exhibit “B”, Contractor shall provide the following services: | ||
1. |
SCOPE OF WORK. | |
Contractor shall provide maintenance support including monitoring, repair, inspection and/or response services for the County’s Cardkey Security System. | ||
Contractor shall perform/provide Basic Coverage (8 a.m. to 5 p.m.) maintenance including scheduled service visits and scheduled service materials, at the following locations: | ||
• 555 County Center, Redwood City • Forensics Lab at 50 Tower Road, San Mateo • Youth Services Center, San Mateo • HSA at 271 92nd Street, Daly City • HSA at 400 Harbor Street, Belmont • HSA at 1487 Huntington, South San Francisco • HSA at 550 Quarry Road, Belmont • HSA at 350 90th Street, Daly City • HSA at 2500 Middlefield Road, Redwood City • HSA at 2415 E. University, East Palo Alto – (1 Year Warranty) • Central Courts at 800 N. Humboldt, San Mateo • North Courts at 1050 Mission South San Francisco | ||
County locations that have Basic 8-5 Coverage maintenance shall be provided said service between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding the Contractor’s recognized holidays, or as otherwise specified in this Agreement. Response time for this service is no later than 2 hours by phone and next business day onsite. | ||
Contractor shall perform/provide Premium Coverage (7/24) maintenance including scheduled service visits, scheduled service materials, repair labor, and repair materials, at the following locations: | ||
• 455 County Center, Redwood City • Canyon Oaks Youth Center at 400 Edmonds Road, Redwood City • 400 County Center, Redwood City • Parking Garage North of 555 County Center, Redwood City | ||
County locations that have Premium 7/24 Coverage will be able to reach a technician 24 hours a day and have a technician onsite within 6 hours. | ||
Contractor will inspect the Covered Equipment within (45) days of the date of this Agreement or as seasonal or operational conditions permit. Contractor will advise the County if Contractor finds any Covered Equipment not in working order or in need of repair. With the County’s approval, Contractor will perform the work necessary to put the Covered Equipment in proper working condition subject to the terms and conditions of this Agreement. This work will be done at Contractor’s standard fee for parts and labor in effect at that time. If the County does not want Contractor to do the work identified by Contractor, or if the County does not have the work done, the equipment will be removed from the list of Covered Equipment and the price of this Agreement will then be adjusted. |
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Contractor’s services under this Agreement do not include: • Supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as ribbons, bulbs, and paper • Calls resulting from lack of operator-level preventative maintenance, site-related problems, or operator error • Service Calls due to failure resulting from acts of God, abuse or misuse of equipment, or alterations, modifications, or repair to equipment not performed or provided by Contractor • The furnishing of materials and supplies for painting or refinishing equipment • Electrical work to the County’s facility necessary because of equipment • Service Calls resulting from attachments made to Covered Equipment or other equipment not covered by the Agreement | ||
• The repair or replacement of the following if not normally replaced or maintained on a scheduled basis: wire in conduit or the like, buried cable/transmission lines • Service Calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or especially severe freezing weather that is beyond what is prevented by Contractor’s normal maintenance • Work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in advance by Contractor • Work caused by the negligence of others, including but not limited to equipment operators and water treatment companies • Service Calls due to failures caused by improper environmental conditions affecting equipment or electrical power fluctuations, if due to conditions beyond Contractor’s control, and service calls required because Contractor had previously been denied access to the equipment | ||
Covered sites, as listed above, refer to the equipment for which services are to be provided under this Agreement (referred to in this Agreement as “Equipment”). Covered Equipment is defined under Exhibit A. | ||
Equipment Failure refers to the sudden and accidental failure of moving parts, electric, or electronic components that are part of the Covered Equipment and that are necessary for its operation. | ||
Scheduled Service Visits include materials required to perform Scheduled Service Visits on Covered Equipment. | ||
Scheduled Service Materials include materials required to perform Scheduled Service Visits on Covered Equipment. | ||
Repair Labor includes labor necessary to restore Covered Equipment to working condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. | ||
Repair Materials include materials necessary to restore Covered Equipment to working condition following an Equipment Failure and excludes total equipment replacement due to obsolescence or unavailability of parts. At Contractor’s option, Repair Materials may be new, used, or reconditioned. | ||
The methods and techniques used to provide services to the County are within the Contractor’s discretion, but subject to County Information Services Department’s technology policies, guidelines, and requirements. The amount of time, specific hours, and location of the performance of Contractor’s services is also left to the Contractor’s discretion provided that Contractor coordinates with County departments as needed. |
EXHIBIT B – PAYMENTS AND RATES AGREEMENT BETWEEN COUNTY OF SAN MATEO AND JOHNSON CONTROLS, INC. | |
In consideration of the services provided by Contractor in Exhibit “A”, County shall pay Contractor based on the following fee schedule: | |
1. |
SCHEDULE OF CHARGES. |
555 County Center, Redwood City $8,284 Forensics Lab at 50 Tower Road, San Mateo $5,836 Youth Services Center, San Mateo $8,597 HSA at 271 92nd Street, Daly City $2,480 HSA at 400 Harbor Street, Belmont $2,897 HSA at 1487 Huntington, South San Francisco $1,667 HSA at 550 Quarry Road, Belmont $3,249 HSA at 350 90th Street, Daly City $1,484 HSA at 2500 Middlefield Road, Redwood City $2,074 HSA at 2415 E. University, East Palo Alto – (1 Year Warranty) $3,432 Central Courts at 800 N. Humboldt, San Mateo $6,858 North Courts at 1050 Mission, South San Francisco $13,946 455 County Center, Redwood City $35,066 Canyon Oaks Youth Center at 400 Edmonds Road, Redwood City $6,560 400 County Center, Redwood City $21,612 Parking Garage North of 555 County Center, Redwood City $12,226 TOTAL $136,268 | |
Contractor will be paid in two semi-annual payments of $68,134. The County will submit payment within thirty (30) days of receipt of invoice conditioned upon the approval of work performed during the billing cycle. In no event shall total payment exceed an amount of ONE HUNDRED THIRTY SIX THOUSAND TWO HUNDRED SIXTY EIGHT DOLLARS ($136,268). The County will have the right to withhold payment if the County determines that the quantity or quality of work performed is unacceptable. Contractor agrees that the requirements of this Agreement pertaining to the protection of proprietary rights and confidentiality shall survive termination of this Agreement. |