15 & 16 - Bid and Contract with Advance Alarm for new Fire Alarm System at DepotItem Nos. 15 & 16
Memorandum
TO: Mayor, Mayor Pro Tem & City Council
FROM: Grayson Path, City Manager
SUBJECT: Paris Railroad Depot Fire Alarm Project
Award of Bid and Contract
DATE: January 23, 2023
FONKMOMTSIV110"I
The City of Paris owns and maintains the Railroad Depot building located at 1115, 1125, and 1135
Bonham Street. We currently lease the building to three entities for their use. Over the past few
years, the fire alarm system has experienced issues due to its age. Numerous repairs have been
made, but it finally has come to the point that the entire system must now be replaced. This issue
was originally brought to the City Manager's attention by the PEDC Board and Executive Director.
The City approached Traditions Fire Consulting, LLC as a professional fire alarm engineering firm
to design a fully code -compliant fire alarm system for bidding and construction. The City issued a
request for bids in November 2022.
STATUS OF ISSUE:
The City has received two bids; 1) Advance Alarm & Electronics, Inc. and 2) Firetrol Protection
Systems, Inc. The City hired the services of Traditions Fire Consulting, LLC to review both bids
as compared to the_ original specifications and requirements. After reviewing both bids, and after
some limited negotiating with the lowest bidder to address a few minor items, Traditions Fire
Consulting, LLC and City Staff would like to recommend Advance Alarm & Electronics, Inc. as
the lowest and best bid for the City of Paris.
Should the City Council award the bid, we have an agenda item to follow to award a contract to
Advance Alarm & Electronics, Inc. They will get started and have the project completed by March
31, 2023.
BUDGET:
The Advance Alarm & Electronics, Inc. bid is in an amount of $16,665.00. The Firetrol Protection
Systems, Inc. bid is in an amount of $28,865.00. The City Staff recommends awarding the bid and
contract to Advance Alarm & Electronics, Inc. in the amount of $16,665.00. The City has limited
funds available for capital projects such as this outside of the General Fund.
OPTIONS:
1. Award the bid and contract to Advance Alarm & Electronics, Inc. in the amount of
$16,665.00 and authorize the City Manager to sign.
2. Request additional information on either contractor's bid.
3. Request additional negotiations to take place.
4. Reject the bid and advise City Staff as to next steps.
RECOMMENDATION:
1. Award the bid and contract to Advance Alarm & Electronics, Inc. in the amount of
$16.665.00 and authorize the City Manager to sign.
THE STATE OF TEXAS §
COUNTY OF LAMAR §
THIS CONTRACT is entered into on this 23rd day of January, 2023, by and
between the CITY OF PARIS, TEXAS, a municipal corporation located in Lamar
County, Texas, (hereinafter referred to as "CITY"), acting by and through its City
Manager or his designee, and Advance Alarm & Electronics, INC. ("hereinafter referred
to as "CONTRACTOR") whose address is 1350 North Main Street, Paris, Texas, 75460.
WITNESSETH:
WHEREAS, CITY previously contracted with Traditions Fire Consulting, LLC, a
qualified fire engineering service, for the engineering and design of a fully
code -compliant fire alarm system, Attachment A; and
WHEREAS, CITY desires to obtain services from CONTRACTOR for the installation
of new equipment required to replace the existing fire alarm system
pursuant to the provided engineered design at the City of Paris Railroad
Depot Building located at 1115, 1125, and 1135 Bonham Street, Paris,
Texas; and
WHEREAS, CONTRACTOR is qualified to provide such services and is willing to
undertake the performance of such services for CITY in exchange for fees
hereinafter specified;
NOW, THEREFORE,
THAT IN CONSIDERATION of the covenants and agreements hereinafter contained
and subject to the terms and conditions hereinafter stated, the parties hereto do mutually
agree as follows:
I.
Employment of Contractor
CONTRACTOR will perform as an independent contractor all services under this
Contract to the prevailing professional standards consistent with the professional level of
care and skill ordinarily provided by competent members of its profession, both public
and private, currently practicing in the same or similar locality under the same or similar
circumstances. If CONTRACTOR is representing that it has special expertise in one or
more areas to be utilized in this Contract, then CONTRACTOR agrees to perform those
special expertise services to the appropriate local, regional and national professional
standards.
II.
Scope of Services
CONTRACTOR shall perform the following services:
Attachment B: Services related to the installation of a new fire alarm system
specifically including, but not necessarily limited to, the tasks enumerated more
fully in Attachment B hereto entitled "Scope of Work;" as required under the
engineered design drawings provided in Attachment A.
Attachments A and B are hereby incorporated herein by reference and made a part hereof
as if written word for word. However, in case of conflict in the language of Attachment
A or B and this Contract, the terms and conditions of this Contract shall be final and
binding upon both parties hereto.
M.
Payment for Services
Total payment for services described herein shall be in accordance with
Attachment B (SIXTEEN THOUSAND SIX HUNDRED SIXTY-FIVE AND NO/100
DOLLARS ($16,665.00). This total payment for services includes CONTRACTOR's
ordinary expenses such as salary costs, overhead, direct expenses and profit. Additional
expenses, which are extraordinary in nature, shall be approved in advance by CITY in
writing signed by the parties. Such extraordinary expenses may be paid as incurred and
billed to the CITY pursuant to this Contract over and above the total payment amount
identified in this provision. Any extraordinary expenses not approved in writing in
advance by the CITY shall remain the sole responsibility of the CONTRACTOR.
CONTRACTOR will bill CITY monthly. Each invoice shall provide supporting
information describing the work completed. If additional services or expenses are
requested, CONTRACTOR will not provide such additional services until authorized by
CITY in writing to proceed. The scope of services shall be strictly limited. CITY shall
not be required to pay any amount in excess of the amount identified in the preceding
paragraph unless CITY shall have approved in writing in advance (prior to the
performance of additional work) the payment of additional amounts.
Within thirty (30) days of receipt of each such invoice, CITY shall make payment
in the amount shown by CONTRACTOR's approved statements and other documentation
submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas
Government Code §§ 2251.001, et seq.
Nothing contained in this Contract shall require CITY to pay for any work that is
unsatisfactory as determined by CITY or which is not submitted in compliance with the
terms of this Contract, nor shall failure to withhold payment pursuant to the provisions
of this section constitute a waiver of any right, at law or in equity, which CITY may have
if CONTRACTOR is in default, including the right to bring legal action for damages or
for specific performance of this Contract. Waiver of any default under this Contract shall
not be deemed a waiver of any subsequent default.
IV.
Revisions of the Scope of Services
CITY reserves the right to revise or expand the scope of services after due approval
by CITY as CITY may deem necessary, but in such event CITY shall pay CONTRACTOR
equitable compensation for such services. In any event, when CONTRACTOR is directed
to revise or expand the scope of services under this Section of the Contract,
CONTRACTOR shall provide CITY a written proposal for the entire cost involved in
performing such additional services. Prior to CONTRACTOR undertaking any revised or
expanded services as directed by CITY under this Contract, CITY must authorize in
writing the nature and scope of the services and accept the method and amount of
compensation and the time involved in all phases of the Project.
It is expressly understood and agreed by CONTRACTOR that any compensation
not specified in Paragraph III hereinabove may require approval by the City Council and
is subject to the current budget year limitations.
V.
Term and Time of Performance
This Contract shall begin on the date first written above.
The CONTRACTOR shall commence services upon execution of this Contract.
Unless terminated, or unless the Scope of Services and Time of Performance are changed
in accordance with Article XV, Changes, the CONTRACTOR shall complete the Scope
of Services provided under Article II by March 31, 2023.
The completion schedule set for in this Article may be subject to causes that result
in delay over which neither CONTRACTOR nor the CITY has any control. Notification
and justification for any such delays identified by the CONTRACTOR must be made in
writing and approved by the CITY. The schedule of work will be extended to include any
such delays pursuant to Article XV, Changes.
VI.
Contract Termination Provision
This Contract may be terminated at any time by CITY for any cause by providing
CONTRACTOR thirty (30) days written notice of such termination. Upon receipt of such
notice, CONTRACTOR shall immediately terminate working on, placing orders or
entering into contracts for supplies, assistance, facilities or materials in connection with
this Contract and shall proceed to promptly cancel all existing contracts insofar as they
are related to this Contract. The CITY will only be obligated to compensate the
CONTRACTOR in a just and equitable manner for those services performed prior to the
effective date of termination and upon the CONTRACTOR's submitting a statement of
actual services performed and payment requested.
VII.
Ownershi of Documents
All materials and documents prepared or assembled by CONTRACTOR under this
Contract shall become the sole property of CITY and shall be delivered to CITY without
restriction on future use. CONTRACTOR may retain in its files copies of all drawings,
specifications and all other pertinent information for the work. CONTRACTOR shall
have no liability for changes made to any materials or other documents by others
subsequent to the completion of the Contract.
VIII.
Insurance Requirements
A. Before commencing work, the contractor shall, at its own expense, procure, pay
for and maintain during the term of this Contract the following insurance written
by companies approved by the State of Texas and acceptable to the City of Paris.
The CONTRACTOR shall furnish to the City Clerk copies of the insurance policies
required herein stating coverages, limits, expiration dates and compliance with all
applicable required provisions. Certificates shall reference the project/contract
number and be addressed as follows:
City of Paris
150 SE First St
Paris TX 75460
1. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed
Operations, Independent Contractors and Contractual Liability, with
minimum combined single limits of $1,000,000 per -occurrence, $1,000,000
Products/Completed Operations Aggregate and $1,000,000 general
aggregate. Coverage must be written on an occurrence form. The General
Aggregate shall apply on a per project basis.
2. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: a) by accident,
$100,000 each accident, b) by disease, $100,000 per employee with a per
policy aggregate of $500,000.
3. Business Automobile Liability insurance covering owned, hired and non -
owned vehicles, with a minimum combined bodily injury and property
damage limit of $1,000,000 per occurrence.
4. Professional Liability Insurance to provide coverage against any claim
which the CONTRACTOR and all contractors engaged or employed by the
CONTRACTOR become legally obligated to pay as damages arising out of
the performance of professional services caused by any negligent act, error,
or omission with minimum limits of $1,000,000 per claim, $1,000,000
annual aggregate.
NOTE: If the insurance is written on a claims -made form, coverage shall be
continuous (by renewal or extended reporting period) for not less than
thirty-six (36) months following completion of the contract and acceptance
by the City of Paris.
B. With reference to the foregoing required insurance, the CONTRACTOR shall
endorse applicable insurance policies as follows:
1. A waiver of subrogation in favor of City of Paris, its officials, employees,
and officers shall be contained in the Workers' Compensation insurance
policy.
2. The City of Paris, its officials, employees and officers shall be named as
additional insureds on the Commercial General Liability policy, by using
endorsement CG2026 or broader; and, the City of Paris shall be provided a
defense to any and all claims and causes of action arising out of or related
to this Agreement as may be provided pursuant to CONTRACTOR's
general liability insurance policies. In this regard, CONTRACTOR shall
assist CITY to obtain any defense provided by the CONTRACTOR's
general liability insurance policies.
Nothing contained in Section XII of this Agreement shall be interpreted or
applied as limiting, reducing, or eliminating any obligation or duty that
CONTRACTOR's insurance carrier may owe to CITY as an additional
insured, pursuant to endorsement CG2026 or broader under the
CONTRACTOR's general liability insurance policies required by this
Agreement, to provide the CITY with a defense and/or indemnify the CITY
for any claim or cause of action, whether one or more, regardless of the
proportionate responsibility or liability of the CONTRACTOR or the CITY.
Neither shall anything contained in this Section VIII be interpreted or
applied as providing or otherwise entitling either CONTRACTOR,
CONTRACTOR's insurance carrier or any other party any right or ability
to recover over against CITY any amounts of money attributable to
damages, costs, expenses and/or attorneys' fees based on or arising out of
a finding of comparative or proportionate responsibility or liability as
against the CITY it being understood and agreed that CITY in no way
intends by this Agreement to waive its sovereign immunity regarding any
claim, suit or cause of action.
3. All insurance policies shall be endorsed to the effect that City of Paris will
receive at least thirty (30) days notice in advance of the cancellation
effective date of any policy of insurance that is cancelled by the insurance
company for any reason other than nonpayment of premium.
4. All insurance policies shall be endorsed to the effect that City of Paris will
receive at least ten (10) days notice in advance of the cancellation effective
date of any policy of insurance that is cancelled by the insurance company
for nonpayment of premium or by CONTRACTOR for any reason.
C. All insurance shall be purchased from an insurance company that meets a financial
rating of A- or better as assigned by A.M. Best Company or equivalent.
D. The CONTRACTOR shall notify CITY in writing at least thirty (30) days prior to
CONTRACTOR cancelling or making any material change to any coverage(s) provided
in, or through, the insurance policies required under this Section VIII. Failure by
CONTRACTOR to provide CITY the notice required hereunder may, in the sole
discretion of CITY, be deemed a material breach of this Agreement.
E. The CONTRACTOR shall require all subcontractors to maintain during the term
of this agreement, Commercial General Liability insurance, Business Automobile
Liability insurance, and Workers' Compensation and Employer's Liability insurance, in
the same manner as specified for the CONTRACTOR. The CONTRACTOR shall furnish
subcontractors' certificates of insurance to the City immediately upon request.
F. No acceptance and/or approval of any insurance by the City shall be construed as
relieving or excusing the CONTRACTOR, or the surety, or its bond, from any liability
or obligation imposed upon either or both of them by the provisions of the Contract
Documents.
G. The CONTRACTOR shall be responsible for the work performed under the
contract and every part thereof, and for all materials, tools, equipment, appliances, and
property of any and all descriptions used in connection with the work. The
CONTRACTOR assumes all risks for direct and indirect damage or injury to the property
or persons used or employed on or in connection with the work contracted for, and of all
damage or injury to any person or property wherever located, resulting from any action,
omission, commission or operation under the Contract, or in connection in any way
whatsoever with the contracted work, until final acceptance of the work by the City.
H. Insurance coverage required in these specifications shall be in force throughout
the Contract Term. Should the CONTRACTOR fail to provide acceptable evidence of
current insurance within seven (7) days of written notice at any time during the Contract
Term, the City shall have the absolute right to terminate the Contract without any further
obligation to the CONTRACTOR, and the CONTRACTOR shall be liable to the City for
the entire additional cost of procuring performance and the cost of performing the
incomplete portion of the Contract at time of termination.
I. Nothing contained in this agreement shall be construed as creating any contractual
relationship between any subcontractor and the City. The CONTRACTOR shall be as
fully responsible to the City for the acts and omissions of the subcontractors and of
persons employed by them as it is for acts and omissions of persons directly employed
by it.
J. Precaution shall be exercised by the CONTRACTOR at all times for the protection
of persons, (including employees) and property. All existing structures, utilities, roads,
services, trees and shrubbery shall be protected against damage or interruption of service
at all times by the CONTRACTOR and its subcontractors during the term of the Contract,
and the CONTRACTOR shall be held responsible for any damage to property occurring
by reason of its operation on the property.
IX.
Right to Inspect Records
CONTRACTOR agrees that CITY shall have access to and the right to examine
any books, documents, papers and records of CONTRACTOR involving transactions
relating to this Contract. CONTRACTOR agrees that CITY shall have access during
normal working hours to all necessary CONTRACTOR facilities and shall be provided
adequate and appropriate work space in order to conduct audits in compliance with the
provisions of this section. CITY shall give CONTRACTOR reasonable advance notice of
intended audits.
CONTRACTOR further agrees to include in subcontract(s), if any, a provision that
any subcontractor agrees that CITY shall have access to and the right to examine any
directly pertinent books, documents, papers and records of such engineer or sub-
contractor involving transactions to the subcontract, and further, that CITY shall have
access during normal working hours to all such sub -contractor facilities and shall be
provided adequate and appropriate work space, in order to conduct audits in compliance
with the provisions of the paragraph. CITY shall give any such sub -contractor reasonable
advance notice of intended audits.
X.
Successors and Assiwns
CITY and CONTRACTOR each bind themselves and their successors, executors,
administrators and assigns to the other party to this contract and to the successors,
executors, administrators and assigns of such other party in respect to all covenants of
this Contract. Neither CITY nor CONTRACTOR shall assign or transfer its interest herein
without the prior written consent of the other.
XI.
Contractor's Liabilit%, and Warranty
Acceptance of the final work by the CITY shall not constitute nor be deemed a
release of the responsibility and liability of CONTRACTOR, its employees, associates,
agents or CONTRACTORS for the acceptable completeness of the work; nor shall such
acceptance be deemed an assumption of responsibility by CITY for any defect in the
work; nor shall such acceptance be deemed an assumption of responsibility by CITY for
any defect in the work prepared by said CONTRACTOR, its employees, associates,
agents or subcontractors.
CONTRACTOR herein provides a one (1) year warranty on workmanship and a
five (5) year warranty on the plaster. CONTRACTOR further provides a thirty (30) day
warranty on tile, brick, and rock repairs.
XII.
INDEMNIFICATION
CONTRACTOR DOES HEREBY COVENANT AND CONTRACT TO
WAIVE ANY AND ALL CLAIMS, AND TO RELEASE, INDEMNIFY, AND HOLD
HARMLESS THE CITY, ITS CITY COUNCIL, OFFICERS, EMPLOYEES, AND
AGENTS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND
AGAINST ALL LIABILITY, CAUSES OF ACTION, CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES,
PENALTIES OR SUITS, WHICH IN ANY WAY ARISE OUT OF, RELATE TO, OR
RESULT FROM CONTRACTOR'S PERFORMANCE UNDER THIS CONTRACT
AND WHICH ARE CAUSED BY THE INTENTIONAL WRONGFUL ACTS OR
NEGLIGENT ACTS OR OMISSIONS OF CONTRACTOR OR CONTRACTOR'S
SUBCONTRACTORS AND THE OFFICERS, AGENTS OR EMPLOYEES OF
EITHER CONTRACTOR OR CONTRACTOR'S SUBCONTRACTORS (THE
"INDEMNIFIED ITEMS") SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL
GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE AND
REMEDIES CODE, § 130.002(B).
BY WAY OF EXAMPLE, THE INDEMNIFIED ITEMS MAY INCLUDE
PERSONAL INJURY AND DEATH CLAIMS AND PROPERTY DAMAGE
CLAIMS, INCLUDING THOSE FOR LOSS OF USE OF PROPERTY, AS WELL
AS INTELLECTUAL PROPERTY INFRINGEMENT OR FAILURE TO PAY A
SUBCONTRACTOR OR SUPPLIER.
INDEMNIFIED ITEMS SHALL INCLUDE REASONABLE ATTORNEYS'
FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED
ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING REASONABLE
ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED
INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY.
XIII.
Independent Contractor
CONTRACTOR's status shall be that of an Independent Contractor and not an
agent, servant, employee or representative of CITY in the performance of this Contract.
No term or provision of or act of CONTRACTOR or CITY under this Contract shall be
construed as changing that status. CONTRACTOR will have exclusive control of and the
exclusive right to control the details of the work performed hereunder, and shall be liable
for the acts and omissions of its officers, agents, employees, contractors, subcontractors
and engineers and the doctrine of respondeat superior shall not apply as between CITY
and CONTRACTOR, its officers, agents, employees, contractors, subcontractors and
engineers, and nothing herein shall be construed as creating a partnership or joint
enterprise between CITY and CONTRACTOR. CITY and CONTRACTOR shall not be
construed to be in any type of joint venture with respect to the scope of work set forth in
this Contract.
XIV.
Default
If at any time during the term of this Contract, CONTRACTOR shall fail to
commence the work in accordance with the provisions of this Contract or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with
the provisions of this Contract or fail to use an adequate number or quality of personnel
to complete the work or fail to perform any of its obligations under this Contract, then
CITY shall have the right, if CONTRACTOR shall not cure any such default after thirty
(30) days written notice thereof, to terminate this Contract. Any such act by CITY shall
not be deemed a waiver of any other right or remedy of CITY. If after exercising any
such remedy due to CONTRACTOR's nonperformance under this Contract, the cost to
CITY to complete the work to be performed under this Contract is in excess of that part
of the Contract sum which has not theretofore been paid to CONTRACTOR hereunder,
CONTRACTOR shall be liable for and shall reimburse CITY for such excess.
CONTRACTOR'S liability under this provision shall be limited to the total dollar amount
of this Contract.
This Section XIV shall not supersede and shall be in addition to CITY's right under
Section VI to terminate this contract for any reason upon thirty (30) days' written notice
of such termination.
CITY's remedies for CONTRACTOR's default or breach under this Contract shall
be one or more of the following remedies which may be exercised separately or in
combination at CITY's sole exclusive choice:
(a) Specific performance of the Contract;
(b) Re -performance of this Contract at no extra charge to CITY; or,
(c) Monetary damages in an amount not to exceed the greater of:
(1) The amount of any applicable insurance coverage CONTRACTOR is
required to purchase and maintain under this Contract plus any deductible
amount to be paid by CONTRACTOR in conjunction with said coverage
regardless of whether CONTRACTOR has actually purchased and
maintained said coverage; or,
(2) The total dollar amount of this Contract.
The terms of Sections XII entitled Indemnification, and XVII entitled Confidential
Information shall survive termination of this Contract.
XV.
Changes
CITY may, from time to time, require changes in the scope of services to be
performed under this Contract. Such changes as are mutually agreed upon by and between
CITY and CONTRACTOR shall be incorporated by written modification to this Contract.
XVI.
Conflict of Interest
CONTRACTOR covenants and agrees that CONTRACTOR and its associates and
employees will have no interest, and will acquire no interest, either direct or indirect,
which will conflict in any manner with the performance of the services called for under
this Contract. All activities, investigations and other efforts made by CONTRACTOR
pursuant to this Contract will be conducted by employees, associates or subcontractors
of CONTRACTOR.
XVII.
Confidential Information
CONTRACTOR hereby acknowledges and agrees that its representatives may have
access to or otherwise receive information during the furtherance of its obligations in
accordance with this Contract, which is of a confidential, non-public or proprietary
nature. CONTRACTOR shall treat any such information received in full confidence and
will not disclose or appropriate such Confidential Information for its own use or the use
of any third party at any time during or subsequent to this Contract. As used herein,
"Confidential Information" means all oral and written information concerning City of
Paris, its affiliates and subsidiaries, and all oral and written information concerning CITY
or its activities, that is of a non-public, proprietary or confidential nature including,
without limitation, information pertaining to customer lists, services, methods, processes
and operating procedures, together with all analyses, compilation, studies or other
documents, whether prepared by CONTRACTOR or others, which contain or otherwise
reflect such information. The term "Confidential Information" shall not include such
materials that are or become generally available to the public other than as a result of
disclosure by CONTRACTOR, or are required to be disclosed by a governmental
authority or pursuant to a properly submitted request under the Texas Public Information
Act.
XVIII.
Mailing., Address
All notices and communications under this CONTRACT to be mailed to CITY
shall be sent to the address of CITY's agent as follows, unless and until CONTRACTOR
is otherwise notified:
Grayson Path
City Manager
City of Paris
Post Office Box 9037
Paris, Texas 75461
Notices and communications to be mailed or delivered to CONTRACTOR shall be
sent to the address of CONTRACTOR as follows, unless and until CITY is otherwise
notified:
Zac Blount
Advance Alarm & Electronics, Inc.
1350 N Main Street
Post Office Box 428
Paris, Texas 75461
Any notices and communications required to be given in writing by one party to
the other shall be considered as having been given to the addressee on the date the notice
or communication is posted, faxed or personally delivered by the sending party.
XIX.
Applicable Law
The CONTRACT is entered into subject to the Paris City Charter and ordinances
of CITY, as same may be amended from time to time, and is subject to and is to be
construed, governed and enforced under all applicable State of Texas and federal laws.
CONTRACTOR will make any and all reports required per federal, state or local law
including, but not limited to, proper reporting to the Internal Revenue Service, as required
in accordance with CONTRACTOR's income. Situs of this Contract is agreed to be Lamar
County, Texas, for all purposes, including performance and execution.
XX.
Severability
If any of the terms, provisions, covenants, conditions or any other part of this
Contract are for any reason held to be invalid, void or unenforceable, the remainder of
the terms, provisions, covenants, conditions or any other part of this Contract shall remain
in full force and effect and shall in no way be affected, impaired or invalidated.
XXI.
Remedies
No right or remedy granted herein or reserved to the parties is exclusive of any
other right or remedy herein by law or equity provided or permitted; but each shall be
cumulative of every other right or remedy given hereunder. No covenant or condition of
this Contract may be waived without written consent of the parties. Forbearance or
indulgence by either party shall not constitute a waiver of any covenant or condition to
be performed pursuant to this Contract.
XXII.
Entire Agreement
This Contract embodies the complete agreement of the parties hereto, superseding
all oral or written previous and contemporaneous agreements between the parties relating
to matters herein, and except as otherwise provided herein cannot be modified without
written agreement of the parties.
XXIII.
Non -Waiver
It is further agreed that one (1) or more instances of forbearance by CITY in the
exercise of its rights herein shall in no way constitute a waiver thereof.
XXIV.
Headings
The headings of this Contract are for the convenience of reference only and shall
not affect any of the terms and conditions hereof in any manner.
XXV.
Venue
The parties to this Contract agree and covenant that this Contract will be
enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract,
exclusive venue will lie in Lamar County, Texas, or in the United States District Court
for the Eastern District of Texas, Sherman Division.
XXVI.
No Third Parte Beneficiary
For purposes of this Contract, including its intended operation and effect, the
parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract
only affects matters/disputes between the parties to this Contract, and is in, no way
intended by the parties to benefit or otherwise affect any third person or entity
notwithstanding the fact that such third person or entity may be in contractual relationship
with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended
to release, either by contract or operation of law, any third person or entity from
obligations owing by them to either CITY or CONTRACTOR.
XXVII
Incorporation of Provisions Re uired b'L Law
Each provision and clause required by law to be inserted into the Contract shall
be deemed to be enacted herein and this Contract shall be read and enforced as though
each were included herein. If through mistake or otherwise any such provision is not
inserted or is not correctly inserted, the Contract shall be amended to make such
insertion on application by either party.
XXVIII
E ual Employment Opportunity
In the performance of this Contract, the CONTRACTOR will not discriminate
against any employee or applicant for employment because of race, color, religion, age,
sex, national origin or any other protected class.
XXIX
Form 1295
CONTRACTOR, in compliance with the laws of the State of Texas, will execute the Form
1295, notice of interested parties, provided by Customer for filing with the Texas Ethics
Commission.
XXX
Non-discrimination Aainst Israel
CONTRACTOR, in compliance with the laws of the State of Texas, agrees that it does
not and will not boycott the State of Israel
IN WITNESS WHEREOF, the parties hereto have set their hands by their
representatives duly authorized on the day and year first written above.
--------------------------------SIGNATURE PAGE FOLLOWS--------------------------------
ATTEST:
Janice Ellis
City Clerk
APPROVED AS TO FORM:
STEPHANIE H. HARRIS
City Attorney
CITY OF PARIS
LN
GRAYSON PATH
City Manager
Date Signed:
DCC, Inc.
LI -A
ZAC BLOUNT
OWNER
Date Signed:
[Remainder of page left blank intentionally.]
THE STATE OF TEXAS §
COUNTY OF LAMAR §
BEFORE ME, the undersigned authority, in and for said County, Texas, on this day
personally appeared GRAYSON PATH, City Manager of the CITY OF PARIS, a Texas
Municipal Corporation, known to me to be the person who's name is subscribed to the
foregoing instrument, and acknowledged to me that he has executed the same on the
City's behalf.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF .20
Notary Public Lamar County, Texas
My commission expires
THE STATE OF TEXAS §
COUNTY OF §
This instrument was acknowledged before me on the"' _ day of ,
2023, by Zac Blount in his capacity as Advance Alarm Electronics, Inc. of Paris, Texas,
a Texas Corporation, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged that he executed the same on behalf of and as
the act of Advance Alarm & Electronics, Inc.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, THIS THE
DAY OF ....... , 20 .
Notary Public County, Texas
My commission expires
Attachment A
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Attachment B
2
AR INCE ALARM & ELECTRONICS, lite.
13'50 North U0111in %t,, 'I'll PO BOX 418 0 Parb, Texas T!WN 0 Office (903) 764 8831
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janualy6, 2023
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JO& lWhoad Dqwt Buildiq 1125 Boahm St Pasis,'Dg
Rc! AtRumasic Fire, Alarm System - ReplacemeW
We umdid like to olger cur quawtmi in the amoust of $161665,00 iller the instaUstilun P91 an A.Womahc Fw', nmw Systemat the
abuue reffrenred pr0*1
Please ivview l subsequviv inforinadon aind nwe the clarifications and exclusiotudetaflM belst'a.
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system pei 11he request Of the, ic,ity 00afis, Ix
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'nca,Apmuut vvill nut be bindmg by eather party =d accepted 1Ad%wt JUanu & Electrwics, inc as its pzmcipal ruffice,
v"lle7eqx0a il Aill tris Wndiuf on Iffaulu parties,
nus agreement is not w2fid au 11 fiffly executcNl by Balret withm Unum l (30) days ofvmept from Advaw e Alarin & E: kchostacs,
Inc
Ifyou have anyqwstimts or ffT can be of way fiathei ass magas., jAcesir dnunr hrsnWe' m crvact lumina at tbe peviously fii'�tc4i
numbei =Visr email, VVe, gready alpeciate, 111m clipmIcurity ti't work with you
Swcerely,
Adwace Aqum & Electromcs, Ivc