HomeMy WebLinkAboutRes 09-22 Authorizing an Agreement with Henry Brothers ElectronicsTOWN OF WESTLAKE
RESOLUTION NO. 09-22
AUTHORIZING THE APPROVAL OF A THIRTY-SIX MONTH AGREEMENT AND
AUTHORIZE SUBSEQUENT RENEWALS WITH HENRY BROTHERS
ELECTRONICS FOR RELATED SECURITY SYSTEM MAINTENANCE, SERVICE,
REPAIR, AND INSPECTIONS OF EQUIPMENT AND APPLICABLE SOFTWARE.
WHEREAS, the Town of Westlake is working to become leaders in premier educational
facilities and programs; and
WHEREAS, Westlake desires to produce well educated future leaders and thinkers; and
WHEREAS, Westlake desires to be business partners with Westlake Academy; and
WHEREAS, the Town Council finds that the contract with Henry Brothers Electronics to
provide routine maintenance and associated repairs to restore the equipment and systems to
proper operating order; and
WHEREAS., the cost of this agreement has been included in the 2008-09 adopted
Westlake Academy Budget.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: The above findings are hereby found to be true and correct and are
incorporated herein in the entirety.
SECTION 2: The Town Council of the Town of Westlake, Texas, hereby approves the
Agreement with Henry Bros Electronics relating to the routine maintenance and repair of the
security cameras and door alarm systems, attached hereto as Exhibit "A". and further authorizes
the Town Manager to execute the agreement and authorize subsequent renewals with HBE on
behalf of the Town of Westlake, Texas.
PASSED AND APPROVED ON THIS 18 DAY OF MAY 2009.
ATTEST:
Laura Wheat, Mayor
utter, TRMC, Town Secretary Phomas E. Brymer, own Manager
M
L. -Stanton Low�y,9 Attorney
HE HE BROS. ELECTRONICS., INC.
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Town of Westlake
Service Agreement Proposal for
Access Control and Video ,Surveillance Systems
PRESENTED To
The Town of
-WESTLAKE
April 23, 2009
The Town of Westlake
Service Agreement Proposal for
Access Control and Video Surveillance System
Submitted by
II; P ` BROS. ELECTRO ICS, INC,
HENRY BIOS. ELECTRONICS,. INC.
perfecting security iategiatin 11 since 1950
April 23, 2009
Troy Meyer
Town of Westlake
3 Village Circle, Suite 202
Westlake, Texas 76262
Re. Service Agreement Proposal for Access Control and Video Surveillance System
8416 Sterling
Irving, Texas 75063
972.988.8887
www.hbe•inc.com
Henry Bros. Electronics, Inc. (HBE) is pleased to submit this proposal for the annual Service Agreement
for the security systems in place at the Town of Westlake. We have reviewed the drawings and
specifications, created proposal response, and provided corresponding affirmation of our understanding
of, and qualifications to successfully complete this project.
HBE CORPORATE PROFILE
HBE is a high tech security integration company with 57 years of prime and general contracting
experience. During this time HBE has completed thousands of projects integrating multiple technologies
and subsystems. HBE has over 240 employees (many of whom are engineers) with tenure up to 40
years at HBE. Our staff of certified engineers and technicians is trained to manufacturer's rigid
standards. Our Service Department is available 240 to answer calls and respond to requests for service
as specifically required by our customers. With offices throughout the continental United States (e.g.,
New York, NY; Fair Lawn, NJ; Baltimore, MD; Lorton, VA; Phoenix, AZ; Dallas and Houston, TX; Denver,
Grand Junction, and Colorado Springs, CO; Fullerton, CA), we are able to serve customers nationwide.
HBE is a publicly traded company (market symbol: HBE).
With a long history of marquee physical security projects, HBE has been fortunate enough to work on
projects that include entertainment venues, critical infrastructure, large scale real estate projects and
advanced applications for thermal and IR video, biometrics, access control, perimeter detection, and
emergency communications. The following are some of the experience and capabilities HBE has
developed over the years that are applicable to this important project.
- New Construction Experience on Large Scale Projects
In March of 2004, HBE was issued a contract by Silverstein Properties (through Tishman Construction) to
furnish and install an integrated electronic security system for the new 7 WTC. This project marked the
first successful integration of an industry leading Access Control to another industry leading video
system and deployment of HBE Airorlite's Emergency Messaging System for the stairwells. In the course
of this contract, HBE also had to accommodate a "post award" request to integrate Lenel to the Otis
"Seamless Entry/Destination Dispatch" system Otis was installing under separate contract with Tishman.
That required HBE to locate a turnstile manufacturer (Kouba Systems) that would accommodate those
ARIZONA CALIFORNIA COLORADO MARYLAND NEW JERSEY NEW YORK TEXAS VIRGINIA
HENRY EROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
perfecting secvrity integration sitxce 1450 972.988.8887
www.hbe-inc.com
design changes, satisfy the consultant's functional requirements, SOM's architectural requirements and
meet the schedule. HBE met those challenges enabling Silverstein Properties to secure their TCO on
time. HBE is currently under contract to maintain those systems at 7 WTC.
- Technologies Deployed and Available
Many companies can sell CCTV systems or access control systems. HBE differentiates itself by
demonstrating proven experience in integrated enterprise wide access and surveillance systems. With
the emergence and convergence of IP technologies, HBE has invested a great deal of financial and
human capital in developing the staff and technologies needed in an IP based security environment. In
addition, our specialty products and services such as emergency communications for first responders,
emergency action planning and transit mobile video give us additional capabilities and important insight
into a truly integrated security solution. These solutions are based on the best technology from
professionals that understand all aspects of a secure location. Specific technologies deployed and being
developed in our installations also include; guard location hardening; temporary, mobile and ultra
secure physical structures for personnel and critical equipment; radar integration and advanced camera
applications such as thermal and infrared; video analytics for early warning and force multiplication and
unparalleled experience in IT system upgrades to support the growing complexity of access control and
HR database integration.
- Legacy of Supporting Public Agencies and Critical Infrastructure
HBE has a legacy and the honor of supporting critical infrastructure across the US and in various vertical
markets. Some are highlighted as requested in this response, but it is important to note HBE has
provided advanced systems for installations at Power Plants, NORAD, 7 World Trade Center, all four
tunnels in New York City, Major universities such as USC and Arizona State, Hospitals such as Children's
in TX and the Huntington Group in CA and various transportation facilities for the Port of Long Beach, NY
MTA and Port Authority of New York.
- Growing National Footprint
With the recent opening of our tenth office in the US and plans for additional expansion, HBE has
developed the ability to support customers across the country. In addition we are building an
organization to do rapid deployment on large projects that can take us outside the US. This team is
currently deploying the first of 15 sites at USMC training facilities around the world and will be used on
major critical infrastructure projects to provide support for these large projects such as airports. As with
all our employees, training has been an important part of our daily regimen with most employees
certified in numerous technologies such as Microsoft and Cisco as well as product certifications in most
major access control and video platforms.
HBE has successfully performed as the prime contractor for numerous multi-million dollar projects.
Furthermore, we have often been recognized for performance above and beyond our contracted
ARIZONA CALIFORNIA COLORADO MARYLAND NEW JERSEY NEW YORK TEXAS VIRGINIA
HENRY BROS. ELEC'T'RONICS, INC.
perfectiitg seeitrity integrtaIion siitce 1950
8416 Sterling
Irving, Texas 75063
972.988.8887
www.hbe-inc.com
responsibilities as a security systems integration contractor. Many other successful examples of superior
performance include Silverstein Properties (multiple locations including both the original and the new 7
WTC), NYNJ Port Authority Airports, WTC Ground Zero Security, Path's Journal Square DVR system the
New York City Transit Authority Money Counting Rooms, and MTA 2 Broadway.
As illustrated above, HBE is uniquely qualified to provide, install and support the San Antonio Airport
Expansion project. We possess a level of tenured experience and focused expertise that is unequaled in
our industry. While others may claim proficiency with the technologies called out in the architecture
specified for jail, HBE's expertise is backed up with the seasoned experience of having successfully
installed all of the technology solutions called for in this specification.
We look forward to working in partnership with Clark/Byrne and San Antonio Airport on this very
important project. If at any time you have questions, please do not hesitate to contact me at
972.988.8887 ext. 2018.
Sincerely,
Clark Harbaugh
Account Executive
Henry Bros. Electronics, Inc.
ARIZONA CALIFORNIA COLORADO MARYLAND NEWJERSEY NEWYORK TEXAS VIRGINIA
HENRY BRCS, ELECTRONICS, INC.
perfecting security integre?tion since 1950
1.0 HBE Service Agreement Information
Standard Maintenance Agreement.revjan06
page 6
8416 Sterling
Irving, Texas 75063
972.988.8887
www.hbe-inc.com
HM HENRY BROS. ELECI'RONICS, INC. 8416 Sterling
Irving, Texas 75063
perrfectiray Security ill t"yraHill shite 1950 972.988.8887
www.hbe-inc.com
General Maintenance Information
Organizations invest a great deal of money in having high tech security systems installed in their facilities.
Protecting that investment should be of high priority to ensure that the people and property within that
organization remain protected. Henry Brothers Electronics has created four basic levels of customer support
plans that provide various levels of system investment protection. HBE understands that each customer is
unique, as are their security maintenance needs. Therefore, these plans are only the basis from which we will
custom build the right plan for each organization.
Level 1 Service
Our Level 1 service agreement provides customers that ability to establish negotiated labor and material rates
for use at their discretion. Under this plan, the customer will issue an open purchase order to HBE for a
predetermined amount, estimated as the value of anticipated service for a given period of time. All service
requests are processed at the negotiated rates, and invoiced against the open purchase order. Upon reaching
the limit of that purchase order, either a new purchase order is to be issued, or HBE returns to normal labor and
materials rate charges.
This plan allows the customer to only use the ,products and services needed in a given maintenance time period.
It also allows the customer to redirect unused service funds for adds, changes, and moves.
Level 2 Service
The Level 2 service agreement is our introductory level offering for pre -paid maintenance services. This plan
offers all service labor, during normal business hours, to be provided to the customer throughout the
maintenance period without additional charge. Under this plan, the customer pays for anticipated service in
advance. Anytime a service issue arises, HBE will dispatch service technicians to correct the problem. Any
materials needed for use will be billed additional based on a pre -negotiated rate. Additionally, HBE will perform
one system test and service per year as part of this plan. During this test, all devices will be inspected to ensure
they are working properly at that time, as well as clean and focus cameras as needed.
Level 3 Service
Level 3 service agreement introduces the provision of equipment as part of the maintenance plan. This plan
provides materials and labor, during normal business hours, for any service related issues. Under this plan, any
service issue reported will be resolved without any additional charges. This allows the customer to be able to
accurately project service costs throughout a maintenance period, and all but eliminates the added
administration costs associated with issuing multiple purchase orders throughout a given period and making
sure those purchase orders are closed properly. Similar to the Level 2 Maintenance, this plan also offers system
tests and services. However, that inspection will be performed twice per year as part of the Level 3 service plan.
Level 4 Service
The Level 4 service agreement was designed with the highest of security priorities in mind. This plan will cover
all labor all materials related to any service issue, 24 hours a day, 7 days a week. Under this plan, there will be
no additional invoices related to security service issues. It also provides for four system tests and service to be
performed throughout the year.
Service Option 1— Rollover
Customers choosing to enter into a Level 3 or Level 4 Maintenance plan are able to choose to add a rollover option to
their plan. This allows any unused services that were paid for during a given maintenance period to be applied to a
subsequent maintenance period, less any aging fees. This provides benefits for both the customer and HBE in that in
Standard Maintenance Agreement.revjan08
page 7
PM HENRY BROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
}rerfeetiitg secaarity i n t e g r a Ii011 since 1950 972.988.8887
www.hbe-inc.com
essence the customer ultimately only pays for the actual services used. Under this option, an annual usage report will
be generated that shows the amount a labor and materials used under the plan, and what those service would have
cost if invoiced on a Time and Material basis. If that amount is less than what the customer paid for during that
maintenance period, than the overage will be applied to the following period's maintenance invoices. However, if it is
determined that HBE expended more services than what was paid for as part of the plan, then HBE shall increase the
following period's invoices to match the underpaid amount.
Discount Options
HBE offers several discount options in order to facilitate most any budget.
• Discount for payment terms
o N ET30
o NET10
o Credit Card
• Discount for maintenance period renewals
o Renewed annually
o Renewed every three years
o Renewed every five years
Standard Maintenance Agreement.revjan08
page 8
Those options include:
HM HENRY BRAS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
1)t'r_tecting security integratio11 since 2950 972.988.8887
www.hbe-inc.com
Town of Westlake service Agreement — Level 3
Labor Coverage:
Business hours; emergency after-hours labor processed on Time and
Materials basis
Response Time:
Eight hours after receipt of call; Emergency calls shall be responded to
within Two hours
Equipment Coverage:
All equipment replacement is covered
Equipment Covered:
The following items are covered under this agreement:
- All equipment listed in the matrix attached to this proposal
- AMAG software support renewals
- Equipment associated with the IP Conversion project (Years 2 &3)
- Equipment associated with the Arts and Science building project
(Years 2 & 3)
- All cameras that are replaced under this agreement are to be
replaced with similar technology (i.e. analog). If the customer desired
to have them upgraded to IP, then the difference in price between
the analog and the IP camera shall be charged to the customer, along
with any cabling required. Currently, the estimated difference in
price is approximately $500 per fixed camera.
Items Excluded:
HBE excludes any and all damages caused by misuse, abuse, accident,
disaster, fire, flood, water, wind, lightning, and Acts of God.
Additionally, HBE excludes the following equipment:
- 120VAC power
- Network infrastructure
- Low voltage cable
Contract Period: 36 Months
Investment (Existing System): $7,750.00 Per Year
Investment (Years 2 & 3 for IP Conversion): $2,200.00 Per Year
Investment (Years 2 & 3 for Arts and science Building): $1,900.00 Per year
Payment Schedule: Annually
Year 1 $7,750.00
Year 2 $11,850.00
Year 3 $11,850.00
Standard Maintenance Agreennent.revjan09
page 9
HE HENRY BROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
I?erfectiirg security i a t e g r a t i o n since 1950 972.988.8887
www.hbe-inc.com
General Terms and Conditions:
If the customer chooses to accept an extended service agreement, HBE shall provide maintenance services for the system(s) and
equipment as described in the proposal. The service agreement will begin upon proper execution of the agreement and shall
continue throughout the period that is presented in the proposal. A service agreement is designed to keep, or restore, the system(s)
and equipment to original manufacturer's specifications. However, it does not guarantee use and operation of the system(s) and
equipment covered. HBE shall have unrestricted access to all associated equipment that is covered under the contract during the
term of the contract. At its discretion, HBE may remove equipment from the customer's facility for repair or further testing.
If the contract is based on a term greater than one (1) year, with annual renewal options, then the contract shall be automatically
renewed at the end of each twelve (12) month period based on the dollar amounts and stipulations provided within the proposal.
The customer may, at its discretion, terminate the contract at the end of a twelve (12) month period by submitting written notice
thirty (30) days prior to the renewal date. Early termination is subject to cancellation fees and severances up to 10% of the
remaining contract value. After the original expiration date, the contract shall automatically renew on a month to month basis at
the standard maintenance rates at that time unless one party submits written notice of cancellation thirty (30) days prior the
expiration date. Either party may execute the termination at the end of the agreed term. At the end of the term of the contract, the
customer may renew the contract for a period of one, two, or three years. The charges for the renewal shall equal the previous
terms contract amount plus an increase for system aging to be not more than 59/o.
The customer may terminate the contract early if all agreed upon services, options, stipulations, etc. are not met. Prior to
termination, the customer must provide HBE written notice of terms that have not been met. HBE shall be given thirty (30) days to
correct said items. If the items in question have not been satisfactorily rectified, then the customer may terminate the contract by
providing a written cancellation notice. HBE shall be paid for all services performed up to the effective date of termination plus all
reasonable costs associated with the orderly close-out of the contract including severance and reassignment expenses incurred in
accordance with HBE"s established personnel practices.
Standard Maintenance Agreemenr.revja"08
page 10
HE HENRY EROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
Baer eeti;tg s!L�r�a-rti! iiz;e,�rritiofi si;Ice 1950 972.988.8887
www.hbe-inc.com
4
Alronix
T2885
Transformer
1
Aiphone
LEF-5
Master Intercom
1
Aiphone
PS -12C
Power Supply
3
Aiphone
LE -D
Door Staion
3
Aiphone
RY-PA
Door Relay
1
AMAG
Pro/32
Access Control Software for 32 Readers
2
AMAG
CLIENT
Client Software
1
AMAG
WEBCLIENT
Web Client Software
1
AMAG
BACKNET-MODULE Back -Net Interface Module
1
AMAG
CCTV -KIT -V3
AMAG CCTV Interface
3
AMAG
M2100-DBU-20K-KIT M2100 Board Only
3
AMAG
M2000-4DCU-KIT
4 Reader Controller Kit
4
AMAG
M2100-2DCR-KIT
2 Reader Controller Kit
3
AMAG
M2100 -ACU -KIT
M2100 ACU Kit
1
AMAG
M2100 -ACR -KIT
M2100 ACR Kit
5
AMAG
M2100 -CAB -1
Cabinet
9
AMAG
MDU-4/TRANS
Transformer
9
AMAG
670
Card Reader
6
AMAG
690 -CG
Card Reader
1
AMAG
M2000 -NIC
NIC
8
DS
DS -150i
Exit Motion
59
DS
DS -1101i
Glass Break Detector
1
Ademco
V20HWSE/28
Burg Panel
1
Altronix
AL624
Power Supply
3
AMAG
M2000-418
Enclosure
13
Altronix
SMP-5PM
Power Supply
1
Novastor
SOFT -BACKUP
Backup Software
2
Sentrol
2505AL
DPS
1
NVT
VNV 652R
Twisted Pair
1
Kalatel
KTA-DE-DIT
Day/Night PTZ Dome
2
Black Box
IC444A
Video Converter
Standard Maintenance Agreement.revjan08
page 11
HENRY BROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
jrerfectiitg security itttegr-aation siitce 1950 972.988.8887
www.hbe-inc.com
1
Kalatel
KTD-405
Keypad
2
Kalatel
KTD-312
RS232 Interface
8
Kalatel
KTA-CE3-DIC
Day/Night PTZ Dome
1
Kalatel
KTA-D3-H1 C
Cyberdome PTZ
2
Kalatel
KTA-38-CVN
Cyberscout PTZ
9
Kalatel
KTA 20C
Cyberscout Mount
6
Kalatel
KTA 25
Mount; Corner Mount
2
Nitek
RK115
Rack Mount Panel
10
Kalatel
KTP -24
Power Supply
15
Kalatel
DM-1500-VFA
Fixed Dome Camera
4
Kalatel
DM-WM
Wall Mount
3
Kalatel
DM -PM
Pendant Mount
1
Altronix
ALTV2416
Power Supply
2
Altronix
ALTV248
Power Supply
16
Nitek
VB37M
Twisted Pair
1
Kalatel
KTA D3 -H1 C
Cyberdome
1
Kalatel
KTD-405
Keypad
Standard Maintenance Agreement.revjan08
Page 12
HE
HENRY BRCS. ELECTRONICS, INC.
pei ecting security inteyriition since 3950
8416 Sterling
Irving, Texas 75063
972.988.8887
www.hbe-inc.com
CUSTOMER ACKNOWLEDGES IT HAS READ AND UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH
HEREIN.
GENERAL TERMS & CONDITIONS
Installation Responsibility: HOE will provide all required labor to mount, terminate and test the equipment detailed in this proposal. Installations) will
be performed in a workmanlike manner by HBE technicians, meeting or exceeding industry standards and local code requirements.
System Programming and Customer Training: HBE will be responsible for all hardware device programming and testing, and for customer training
on the use of the new equipment as specified herein. Loading of any database, including definition of access levels, alarm points, time zones, or any
other user defined data is the responsibility of the owner.
Change Orders_ Any changes to this proposal shall require an approved Change Order, which shall modify the scope of work, proposal cost, and
time line of the project. The attached schedule of equipment defines and limits the equipment to be furnished as part of this proposal.
Warranty: HBE in an independent dealer of access control and CCTV systems. HBE provides warranty for one (1) year on all materials and ninety
(90) days on labor. This warranty extends from initial acceptance or beneficial use of the equipment. The warranty does not cover any existing
equipment incorporated into this project. This warranty is non-transferrable.
Project Commencement. No work shall proceed without an acceptable purchasing document to HBE from the customer, and a sign copy of the
proposal and these Terms and Conditions.
Mobilization: Following acceptance of this proposal, fifteen (15) working days and 25% pre -payment are required for mobilization. This includes
administrative processing, engineering, drafting, equipment procurement, and shipping and receiving.
Termination or Alteration: A contract resulting from the acceptance of an offer maybe cancelled or altered by the buyer only if agreed to in writing by
HBE and subject to the following:
Prior to termination, customer must provide HBE written notice of terms that have not been met
+ HOE shall be given thirty (30) days to correct said items
• HBE shall be paid for all products and services performed up to the effective date of termination plus reasonable costs associated with the
orderly close out of the contract
• HBE shall be paid for all anticipated profit based on the original contract amount and any change orders executed prior to the effective
termination dale
Proposal Expiration: This proposal shall be honored for sixty (60) days
Intellectual Property: This proposal and all accompanying materials, and the original information, designs, concepts, and ideas represented herein
are the exclusive property of HBE and may not be reproduced or copied in any manner without the express written authorization of 'HBE, unless
otherwise required by law. The proposal and all associated materials, drawings, and documents must be returned promptly upon demand.
Electronic File Transmission: If this document has been transmitted in an electronic format, the delivery of the electronic file does not constitute the
delivery of the proposal with attachments. Only the signed original proposal constitutes our proposal, and because electronic files may be altered, the
signed proposal must be referred to for the original and correct information. HBE is not responsible if there are any differences between the sign
proposal and the electron is file, or for any information derived from the electronic file which have not been reviewed and signed by HBE.
Liquidated Damages: No liquidated damages will be due
Debris Disposal: HOE will dispose of debris created by our work in owner furnished trash bins or containers at the site.
Payment: Unless otherwise specified, HBE shall be paid monthly progress payments on or before the 18'h day of each month for the value of our work
in place plus materials and equipment design, manufactured, or suitably stored by HBE, including taxes as required by law. Final payment shall be
due 30 days following the completion of the project. No provisions of the proposal shall serve to void our entitlement to timely payment for properly
performed work or suitably stored material, nor void, any of HOE's rights under Mechanics' Lien Laws. All late payments shall bear interest at the rate
of 1-1/2% at the time payment is due. Nothing in this proposal or contract shall be construed to require HOE to continue performance of work if we do
not receive timely payment for properly performed work or stored materials. HBE retains title to all equipment until installation is complete and
reserves the right to retake possession of the same or any part thereof at the customers cost if default is made by the customer in any payment. HBE
does not accept any back charges that have not previously been agreed to in writing.
Parking and Storage: Customer shall furnish and make available to HBE at the site reasonable storage and parking facilities, and convenient delivery
access to our work.
Standard Maintenance Agreement.revjanDS
page 13
H HENRY BROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
1)e"rfectiifg sectcrity integration sifrce 1950 972.988.8887
www.hbe-inc.com
Elements Beyond the Control of HBE: The schedule of any other contractors involves in this project shall be made in consultation with KBE, and
unless otherwise agreed to, shall provide time for HBE to perform our work on an 8 -hour day, 40 -hour week basis. This proposal does not include
provision for HBE to perform overtime work for delays not caused by HBE. An additional charge to the contract shall be made for any mutually agreed
upon overtime. HBE shall not be responsible for delays or default that are occasioned by caused of any kind that are beyond our control, including but
not limlted to delays or defaults of Architects, the Owner, the Contractor, and Subcontractors, other third parties, civil disorders, labor disputes, and
Acts of God. HBE shall be entitled to equitable adjustments in the amount of the contract for delays caused by anything that is beyond our control.
Other Items:
• The owner shall purchase and maintain all-risk builder's risk insurance upon the full value of the entire work including materials delivered to
the job site, which shall include the interests of HBE.
• In case of dispute, The prevailing party shall be awarded reasonable attorney's fees.
• This proposal, including the provisions printed above and any specifications or other provisions attached hereto, when accepted by you and
HBE shall constitute the Contract between us, and all prior representations or agreements not incorporated herein are superseded.
• This design is provide "as -is', and should any project document or site abnormalities exist, HBE will advise the customer regarding details
and recommend any necessary design or cost adjustments.
Customer Signature:
Henry Bros. Electronics, Inc. Authorizes) Signature:
Name CIvlk 5 E, r J Name:
(Print)
Title; �� Title:
(Print)
Date: Date:
Standard Maintenance Agreement. revjan0$
page 14
Account Manager
(Print)
HENRY BROS. ELECTRONICS, INC.
12e? f0CtiIt�, sc,CUYit11 i�?J,e�,,J.aiicl n since 1350
HENRY BROS. ELECTRONICS, INC.
8416 Sterling
Irving, Texas 75063
972.388.8887
www.hbe-inc.com
CUSTOMER NAME
CONTRACr N0.
# PAGES ATTACHED
ADDRESS
A VILLAralF CIRCLE
PHONE
214-4S6-7000
CITY
WESTLAKE
STATE
TX
ZIP
74;7A7
YEARLY SERVICE FEE
See Attached Proposal
ANNUAL SOFTWARE FEE:
Included 6n yearly fee
CURRENT LABOR RATE:
$95/hr
START DATE OF TERM:
June 1, 2009
END DATE OF TERM:
May 31, 2012
STANDARD SERVICE AGREEMENT
This Agreement is made as of the date above written between the customer identified above ("Customer") and
Henry Bros. Electronics, 8416 Sterling Street, Irving, TX 75063, (972)988-8887 ("HBE").
I. EQUIPMENT TO BE MAINTAINED
Customer owns the equipment identified on the
attached Schedule ("Customer Equipment"):
HBE shall provide labor to troubleshoot, repair,
swap -out or replace the above Customer Equipment when
malfunctions are identified by the Customer as the
Customer Equipment is being used or by HBE in the
course of performing service on the system.
IL SERVICE PLAN
(A) Services to be provided by HBE shall include:
(1) perform periodic onsite inspections for the
purposes of evaluating Customer Equipment performance
and for training operators, as appropriate, on the
Customer Equipment;
(2) upon identifying a defect or being notified
that any part of the Customer Equipment is not
performing properly and to isolate the defect, (i) perform
remote diagnostic tests, to the extent feasible, (ii) furnish
on-site technical service, and (iii) provide bench or
factory repairs or part replacement, all as appropriate;
(3) if called for above, provide remote
diagnostic help to operators for problem identification;
and
(4) maintain support and service manuals, as -
built drawings and related documentation and, upon
request, secure factory training for the Customer's
operators at Customers expense.
Standard Maintenance Agreement.revjanDS
page 15
To the extent feasible, these services shall be
performed during regular maintenance visits. HBE
service technicians are not union affiliated and HBE will
not be required to violate any local union jurisdiction.
(B) Material to be Provided by HBE. HBE shall
provide replacement parts and tools, unless otherwise
noted by addendum, to repair and/or restore the Customer
Equipment to proper operation.
(C) Customer Responsibilities. The Customer shall
be responsible for:
(1) determining that Customer Equipment is not
operating properly, and notifying HBE of the need for
repairs;
(2) providing proper electrical power,
uninterrupted power supply and electric outlets for the
Customer Equipment and a suitable environment within
the manufacturers' specified operating temperatures,
humidity, vibration, noise, RF, and lighting levels;
(3) if remote diagnostic support is specified in
Schedule A, providing an operational modem and phone
line or IP connection for remote access to the Customer
Equipment and for remote diagnostic help to operators.
(4) providing safe access to Customer
Equipment and facilities as necessary; and any required
ladders or lifts;
(5) issuing any required card access badges to
HBE technicians (which will be returned upon
termination of this agreement); and
HE HENRY BROS. ELECTRONICS,, INC.
perfecting security integration since .2950
(6) ensuring proper maintenance of data,
including periodic system back-ups and safe keeping,
purging of the history files to free up storage space and
performing data entry and diagnostic status reports so that
the Customer Equipment can properly operate.
Customer acknowledges that its use of diskette,
video cassette or other media which the manufacturer has
not approved may reduce equipment life and quality of
data storage.
(D) Time and Place of Service. All service shall be
performed during normal business hours (Monday
through Friday, 8:30 AM to 4:30 PM, except Holidays).
Emergency service, where applicable, shall be provided in
the event that critical failures render the Customer
Equipment inoperable. Customer Equipment shall be
serviced at the site of the fixed equipment, at HBE's
option, or at the service shop in cases of non -fixed
equipment. HBE will endeavor to respond to a
Customer's request for service, including emergency
service within 4 hours.
(A) Basic Fee for Periodic Service and Standard
Support and Repairs. The fee for hardware
maintenance is set forth on page 1 of this Agreement.
Unless specifically excluded below, this fee includes
labor, parts, travel time, expenses, regular freight
(overnight is billable) and repairs.
It does not include repairs of equipment not listed on
the Schedule A, or which is beyond its serviceable life, or
has become defective or inoperative because of casualty,
accidents, physical damage, abuse, misuse, theft,
terrorism, Acts of God, floods and fires.
(B) Fee for Software Maintenance is included as a
part of this agreement.
(C) Billing for Labor Not Included in Basic
Service Fee. Any work done which is not covered by the
basic service fee or annual software service fee under this
agreement will be done on a billable basis, with written
purchase order or proper Customer authorization, and will
include a charge, at HBE's, and CMC approved labor
rate, over and above the specified service fees.
IV. TERMS OF PAYMENT
(A) Annual Service Fee. The annual service fee will
be billed quarterly. Payment terms are net 30 days from
the date of receipt.
(B) Payment for Items Separately Billed. Terms
of payment for items that are to be separately billed as
described in Section III above are net 30 days.
(C) Late Charges. A late fee of 1t/2% per month
will be charged on past due balances.
Standard Maintenance Agreement. revjan08
page 16
8416 Sterling
Irving, Texas 75063
972.988.8887
www.hbe-inc.com
V. PERFORMANCE STANDARDS
The Customer Equipment shall be maintained by
HBE in accordance with the following standards:
(A) Parts. Manufacturer's parts or parts of equal
quality shall be used.
(B) Workmanship. All work shall be performed in
a neat and workmanlike manner by qualified, non-union
personnel and in compliance with applicable laws, rules
and regulations.
(C) Non -abuse of Equipment. The Customer
Equipment shall not have been subject to abuse or other
listed exclusions.
(D) Conformity with Instruction Manuals. The
work shall be performed in accordance with the
instructions in the service manual applicable to the
Customer Equipment.
(E) No Warranties. HBE makes no warranties,
express or implied, including the warranties of
merchantability or fitness for a particular purpose.
VI. LIMITATIONS ON LIABILITY
HBE does not ensure continued operation of the
Customer Equipment, or that it will fulfill its intended
purpose. The customer's remedy for any failure of
Customer Equipment or services is limited to repair or
replacement with conforming items. HBE's total liability,
whether in contract, tort, under any warranty, in
negligence or otherwise, shall not exceed the amount paid
during the most recent 3 -month period that this agreement
was in effect); and under no circumstances shall HBE be
liable for special, indirect, incidental, punitive or
consequential damages. No action may be brought by the
Customer more than one year after the cause of action has
occurred.
HBE assumes no liability for loss or damages for
failure to maintain, or delay in maintaining Customer
Equipment, due to causes beyond its control and without
its fault or negligence, including but not restricted to Acts
of God, union interruption, accidents, strikes, lockouts,
quarantine conditions, fires, floods, or unusually severe
weather conditions.
Customer shall indemnify, defend and hold harmless
HBE from and against any claim for damages (including
costs and attorney fees) from any third party claim of
injury arising from or attributed to the performance of or
failure to perform of the Customer Equipment.
VII. INSURANCE
(A) Worker's Compensation Insurance. HBE is
an independent contractor and solely responsible for its
employees. HBE workers are fully covered by Worker's
Compensation Insurance.
FE HENRY BROS. ELECTRONICS, INC. 8416 Sterling
Irving, Texas 75063
lie rfeciing see iority integraafion since 1950 972.988.8887
www.hbe-inc.com
(B) Insurance to be Maintained by Customer.
Customer shall carry sufficient insurance to protect HBE
and its workers from damage to persons or property
arising from acts of Customer or its landlord, or from the
elements, including fire and tornado.
VIII. MISCELLANEOUS
(A) Notices. All notices hereunder shall be in
writing and addressed to the parties at the addresses first
given above and sent by registered mail, return receipt
requested. Notices shall be deemed effective three
business days after mailing.
(B) Term of Agreement. This Service Agreement
shall be effective for a period of 36 consecutive months
from the date of acceptance by the Customer and a
representative of BBE.
The Customer understands and HBE agrees that the intent
of a Service Agreement is to provide a timely response
and repair to the systems covered by such Agreement. In
the event HBE does not respond as required under the
Terms and Conditions of this Agreement, the Customer
may cancel this Agreement for cause without penalty.
(C) Governing Law. This agreement shall be
governed by the laws of the State in which the Customer
Equipment is located.
(D) Amendments. No revision of this agreement
shall be valid unless made in writing and signed by an
authorized representative of each party. This Agreement
shall be effective only when approved and accepted below
by an authorized signatory of HBE and CMC.
Standard Maintenance ggreement.revjarDS
page 17
The Town of
WESTLAKE
Town of Westlake — Service Agreement Proposal
May 12, 2009
HENRY BROS. ELECTRONICS, INC. Town of Westlake
Written By: Accepted By:
Clark Har/,6@ugh Authorized S
1,9114ur
j
Approvctl & Accepted bye:
Title: �bt'`[ i'(� ��GG' Date:
NP BROS. ELECTRONICS, IN
`, �-2 r
Date:
**The information enclosed in this proposal is intended for the use of the individual to which it is addressed, and may contain information that is
privileged confidential, and exempt from disclosure under applicable law. All information included is considered proprietary and is the intellectual
property of Henry Brothers Electronics. As the reader or agent responsible for delivering the message to the intended recipient, you are hereby notified
that any dissemination, distribution, or copy of this communication, information contained within, or its attachments, is strictly prohibited.