Mastertech Security Services, Inc. ~ 32500013 ~ Fire Alarm Monitoring
CITY OF TIGARD - CONTRACT SUMMARY & ROUTING FORM
Contract Overview
Contract/Amendment Number: 32500013
Contract Start Date: 7/30/2024 Contract End Date: 6/30/2025
Contract Title: Fire Alarm Monitoring
Contractor Name: Mastertech Security Services Inc.
Contract Manager: Justin James
Department: Facilities
Contract Costs
Original Contract Amount: $1,296 annually ($6,480.00 over life of contract)
Total All Previous Amendments: n/a
Total of this Amendment: n/a
Total Contract Amount: $1,296 annually ($6,480.00 over life of contract)
Procurement Authority
Contract Type: General Services
Procurement Type: PCR 10.085 Cooperative Procurements
Solicitation Number: n/a
LCRB Date: n/a
Account String: Fund-Division-Account Work Order – Activity Type Amount
FY 25 6506400-54001 $1,296.00
FY 26 6506400-54001 cont. $1,296.00
FY 27 6506400-54001 cont. $1,296.00
FY 28 6506400-54001 cont. $1,296.00
FY 29 6506400-54001 cont. $1,296.00
Contracts & Purchasing Approval
Purchasing Signature:
Comments: Contingency will be evoked with each annual amendment.
DocuSign Routing
Route for Signature Name Email Address
Contractor Justin Gates jgates@csmul.com
City of Tigard Brian Rager brianr@tigard-or.gov
Final Distribution
Contractor Justin Gates jgates@csmul.com
Project Manager Justin James justinj@tigard-or.gov
Project Admin Jade McIntosh Jade.mcintosh@tigard-or.gov
Buyer Rosie McGown Rosie.mcgown@tigard-or.gov
Contract Number 32500013
CITY OF TIGARD, OREGON
SERVICES CONTRACT
FIRE ALARM MONITORING
THIS AGREEMENT made and entered into this 30th day of July 2024 by and between the City of
Tigard, a municipal corporation of the State of Oregon, hereinafter called City, and Mastertech
Security Services Inc, hereinafter called Contractor.
RECITALS
WHEREAS, the City’s 2025 fiscal year budget provides for services related to operations and
maintenance of city owned facilities; and
WHEREAS, City has need for the services of a company with a particular training, ability, knowledge,
and experience possessed by Contractor, and
WHEREAS, City has determined that Contractor is qualified and capable of performing the
professional services as City does hereinafter require, under those terms and conditions set forth,
THEREFORE, the Parties agree as follows:
1. SERVICES TO BE PROVIDED
Contractor will initiate services immediately upon receipt of City’s notice to proceed together
with an executed copy of this Agreement. Contractor agrees to complete work that is detailed
in Exhibit A, incorporated herein by reference.
2. EFFECTIVE DATE AND DURATION
This Agreement is effective upon the date of execution and expires on June 30, 2025, unless
otherwise terminated or extended. The Parties may agree to four (4) additional one (1) year
renewals. The total term of this Contract shall not exceed five (5) years. All work under this
Agreement must be completed prior to the expiration of this Agreement.
3. COMPENSATION
The City agrees to pay Contractor in accordance with the fee schedule outlined in Exhibit A.
The total amount paid to the Contractor by the City may not exceed One Thousand Two
Hundred Ninety-Six and No/100 Dollars ($1,296.00) annually. For a total amount paid not to
exceed Six Thousand Four Hundred Eighty and No/100 Dollars ($6,480.00) over the life of
this Agreement. Payments made to Contractor will be based upon the following applicable
terms:
A. Payment by City to Contractor for performance of services under this Agreement includes
all expenses incurred by Contractor, with the exception of expenses, if any, identified in
this Agreement as separately reimbursable.
B. Payment will be made in installments based on Contractor’s invoice, subject to the
approval of the City Manager, or designee, and not more frequently than monthly. Unless
otherwise agreed, payment will be made only for work actually completed as of the date
of invoice.
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C. Payment by City releases City from any further obligation for payment to Contractor for
services performed or expenses incurred as of the date of the invoice. Payment may not
be considered acceptance or approval of any work or waiver of any defects therein.
D. Contractor must make payments promptly, as due, to all persons supplying labor or
materials for the performance of the work provided for in this Agreement.
E. Contractor may not permit any lien or claim to be filed or prosecuted against the City on
any account of any labor or material furnished.
F. Contractor will pay to the Department of Revenue all sums withheld from employees
pursuant to ORS 316.167.
G. Contractor will pay all contributions or amounts due the Industrial Accident Fund from
the contractor or any subcontractor.
H. If Contractor fails, neglects, or refuses to make prompt payment of any claim for labor or
services furnished to Contractor or a subcontractor by any person as such claim becomes
due, City’s Finance Director may pay such claim and charge the amount of the payment
against funds due or to become due the Contractor. The payment of the claim in this
manner does not relieve Contractor or their surety from obligation with respect to any
unpaid claims.
I. Contractor will promptly, as due, make payment to any person, co-partnership,
association, or corporation, furnishing medical, surgical, and hospital care or other needed
care and attention, incident to sickness or injury, to the employees of Contractor, of all
sums that Contractor agrees to pay for the services and all moneys and sums that
Contractor collected or deducted from the wages of employees pursuant to any law,
contract, or agreement for the purpose of providing or paying for services.
J. Contractor and its employees, if any, are not active members of the Oregon Public
Employees Retirement System and are not employed for a total of 600 hours or more in
the calendar year by any public employer participating in the Retirement System.
K. Contractor must obtain, prior to the execution of any performance under this Agreement,
a City of Tigard Business License. The Tigard Business License is based on a calendar
year with a December 31st expiration date. New businesses operating in Tigard after June
30th of the current year will pay a pro-rated fee though the end of the calendar year.
L. The City certifies that sufficient funds are available and authorized for this Agreement
during the current fiscal year. Funding during future fiscal years is subject to budget
approval by Tigard’s City Council.
4. OWNERSHIP OF WORK PRODUCT
City is the owner of and is entitled to possession of any and all work products of Contractor
which result from this Agreement, including any computations, plans, correspondence, or
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pertinent data and information gathered by or computed by Contractor prior to termination
of this Agreement by Contractor or upon completion of the work pursuant to this Agreement.
5. ASSIGNMENT/DELEGATION
Neither party may assign, sublet or transfer any interest in or duty under this Agreement
without the written consent of the other and no assignment has any force or effect unless and
until the other party has consented. If City agrees to assignment of tasks to a subcontract,
Contractor is fully responsible for the acts or omissions of any subcontractors and of all
persons employed by them. Neither the approval by City of any subcontractor nor anything
contained herein creates any contractual relation between the subcontractor and City. The
provisions of this Agreement are binding upon and will inure to the benefit of the parties to
the Agreement and their respective successors and assigns.
6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR
Contractor certifies that:
A. Contractor acknowledges that for all purposes related to this Agreement, Contractor is an
independent contractor as defined by ORS 670.600 and not an employee of City.
Contractor is not entitled to benefits of any kind to which an employee of City is entitled
and is solely responsible for all payments and taxes required by law. Furthermore, in the
event that Contractor is found by a court of law or any administrative agency to be an
employee of City for any purpose, City is entitled to offset compensation due, or to
demand repayment of any amounts paid to Contractor under the terms of this Agreement,
to the full extent of any benefits or other remuneration Contractor receives (from City or
third party) as a result of said finding and to the full extent of any payments that City is
required to make (to Contractor or to a third party) as a result of said finding.
B. Contractor is not an officer, employee, or agent of the City as those terms are used in ORS
30.265.
7. CONFLICT OF INTEREST
The undersigned Contractor hereby represents that no employee of the City, or any
partnership or corporation in which a City employee has an interest, has or will receive any
remuneration of any description from Contractor, either directly or indirectly, in connection
with the letting or performance of this Agreement, except as specifically declared in writing.
If this payment is to be charged against Federal funds, Contractor certifies that he/she is not
currently employed by the Federal Government and the amount charged does not exceed their
normal charge for the type of service provided.
8. INDEMNIFICATION
City has relied upon the professional ability and training of Contractor as a material
inducement to enter into this Agreement. Contractor represents that all of its work will be
performed in accordance with generally accepted professional practices and standards as well
as the requirements of applicable federal, state, and local laws, it being understood that
acceptance of a Contractor’s work by City will not operate as a waiver or release.
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Contractor agrees to indemnify and defend the City, its officers, employees, agents, and
representatives and hold them harmless from any and all liability, causes of action, claims,
losses, damages, judgments, or other costs or expenses, including attorney's fees and witness
costs (at both trial and appeal level, whether or not a trial or appeal ever takes place including
any hearing before federal or state administrative agencies), that may be asserted by any person
or entity which in any way arise from, during, or in connection with the performance of the
work described in this contract, except liability arising out of the sole negligence of the City
and its employees. Such indemnification will also cover claims brought against the City under
state or federal worker's compensation laws. If any aspect of this indemnity is found to be
illegal or invalid for any reason whatsoever, such illegality or invalidity does not affect the
validity of the remainder of this indemnification.
9. INSURANCE
Contractor and its subcontractors must maintain insurance acceptable to City in full force and
effect throughout the term of this contract. Such insurance must cover risks arising directly
or indirectly out of Contractor's activities or work hereunder, including the operations of its
subcontractors of any tier.
The policy or policies of insurance maintained by the Contractor must provide at least the
following limits and coverages:
A. Commercial General Liability Insurance
Contractor will obtain, at Contractor’s expense, and keep in effect during the term of this
contract, Comprehensive General Liability Insurance covering Bodily Injury and Property
Damage on an “occurrence” form (CG 2010 1185 or equivalent). This coverage must
include Contractual Liability insurance for the indemnity provided under this contract.
The following insurance will be carried:
Coverage Limit
General Aggregate $2,000,000
Products-Completed Operations Aggregate $1,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $50,000
B. Commercial Automobile Insurance
Contractor must also obtain, at Contractor’s expense, and keep in effect during the term
of the contract, Commercial Automobile Liability coverage including coverage for all
owned, hired, and non-owned vehicles on an “occurrence” form. The Combined Single
Limit per occurrence may not be less than $2,000,000.
If Contractor uses a personally-owned vehicle for business use under this contract, the
Contractor will obtain, at Contractor’s expense, and keep in effect during the term of the
contract, business automobile liability coverage for all owned vehicles on an “occurrence”
form. The Combined Single Limit per occurrence may not be less than $2,000,000.
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C. Workers’ Compensation Insurance
The Contractor, its subcontractors, if any, and all employers providing work, labor, or
materials under this Contract that are subject employers under the Oregon Workers'
Compensation Law must comply with ORS 656.017, which requires them to provide
workers' compensation coverage that satisfies Oregon law for all their subject workers.
Out-of-state employers must provide Oregon workers' compensation coverage for their
workers who work at a single location within Oregon for more than 30 days in a calendar
year. Contractors who perform work without the assistance or labor of any employee
need not obtain workers’ compensation coverage. All non-exempt employers must
provide Employer's Liability Insurance with coverage limits of not less than $1,000,000
each accident.
D. Additional Insured Provision
All required insurance policies, other than Workers’ Compensation and Professional
Liability, must name the City its officers, employees, agents, and representatives as
additional insureds with respect to this Agreement.
E. Insurance Carrier Rating
Coverages provided by the Contractor must be underwritten by an insurance company
deemed acceptable by the City. All policies of insurance must be written by companies
having an A.M. Best rating of "A-VII" or better, or equivalent. The City reserves the right
to reject all or any insurance carrier(s) with an unacceptable financial rating.
F. Self-Insurance
The City understands that some contractors may self-insure for business risks and the City
will consider whether such self-insurance is acceptable if it meets the minimum insurance
requirements for the type of coverage required. If Contractor is self-insured for
commercial general liability or automobile liability insurance, Contractor must provide
evidence of such self-insurance. Contractor must provide a Certificate of Insurance
showing evidence of the coverage amounts on a form acceptable to the City. The City
reserves the right in its sole discretion to determine whether self-insurance is adequate.
G. Certificates of Insurance
As evidence of the insurance coverage required by the contract, Contractor will furnish a
Certificate of Insurance to the City. No contract is effective until the required Certificates
of Insurance have been received and approved by the City. The certificate will specify and
document all provisions within this contract and include a copy of Additional Insured
Endorsement. A renewal certificate will be sent to the below address prior to coverage
expiration.
H. Primary Coverage Clarification
The parties agree that Contractor’s coverage is primary to the extent permitted by law.
The parties further agree that other insurance maintained by the City is excess and not
contributory insurance with the insurance required in this section.
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I. Cross-Liability Clause
A cross-liability clause or separation of insureds clause will be included in all general
liability, professional liability, pollution, and errors and omissions policies required by this
Agreement.
A certificate in form satisfactory to the City certifying to the issuance of such insurance
will be forwarded to:
City of Tigard
Attn: Contracts and Purchasing Office
ContractsPurchasing@tigard-or.gov
At the discretion of the City, a copy of each insurance policy, certified as a true copy by
an authorized representative of the issuing insurance company, may be required to be
forwarded to the above address.
Such policies or certificates must be delivered prior to commencement of the work. The
procuring of such required insurance will not be construed to limit Contractor’s liability
hereunder. Notwithstanding said insurance, Contractor is obligated for the total amount
of any damage, injury, or loss caused by negligence or neglect connected with this
Agreement.
10. METHOD & PLACE OF SUBMITTING NOTICE, BILLS AND PAYMENTS
All notices, bills and payments will be made in writing and may be given by personal delivery,
mail, or by fax. Payments may be made by personal delivery, mail, or electronic transfer. The
following addresses will be used to transmit notices, bills, payments, and other information:
CITY OF TIGARD MASTERTECH SECURITY SERVICES INC
Attn: Justin James Attn: Justin Gates
Address: 13125 SW Hall Blvd
Tigard, OR 97223
Address: 303 SE Zobrist
Estacada, OR 97023
Phone: (503) 718-2589 Phone: (503) 603-2896
Email: justinj@tigard-or.gov Email: jgates@csmul.com
Notice will be deemed given upon deposit in the United States mail, postage prepaid, or when
so faxed, upon successful fax. In all other instances, notices, bills and payments will be deemed
given at the time of actual delivery. Changes may be made in the names and addresses of the
person to who notices, bills, and payments are to be given by giving written notice pursuant
to this paragraph.
11. SURVIVAL
The terms, conditions, representations, and warranties contained in this Agreement survive
the termination or expiration of this Agreement.
12. MERGER
This writing is intended both as a final expression of the Agreement between the parties with
respect to the included terms and as a complete and exclusive statement of the terms of the
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Agreement. No modification of this Agreement will be effective unless and until it is made in
writing and signed by both parties.
13. TERMINATION WITHOUT CAUSE
At any time and without cause, City has the right in its sole discretion to terminate this
Agreement by giving notice to Contractor. If City terminates this Agreement pursuant to this
paragraph, City will pay Contractor for services rendered to the date of termination.
14. TERMINATION WITH CAUSE
A. City may terminate this Agreement effective upon delivery of written notice to Contractor,
or at such later date as may be established by City, under any of the following conditions:
1) If City funding from federal, state, local, or other sources is not obtained and
continued at levels sufficient to allow for the purchase of the indicated quantity of
services. This Agreement may be modified to accommodate a reduction in funds.
2) If federal or state regulations or guidelines are modified, changed, or interpreted in
such a way that the services are no longer allowable or appropriate for purchase under
this Agreement.
3) If any license or certificate required by law or regulation to be held by Contractor, its
subcontractors, agents, and employees to provide the services required by this
Agreement is for any reason denied, revoked, or not renewed.
4) If Contractor becomes insolvent, if voluntary or involuntary petition in bankruptcy is
filed by or against Contractor, if a receiver or trustee is appointed for Contractor, or if
there is an assignment for the benefit of creditors of Contractor.
Any such termination of this agreement under paragraph (A) will be without prejudice to
any obligations or liabilities of either party already accrued prior to such termination.
B. City, by written notice of default (including breach of contract) to Contractor, may
terminate the whole or any part of this Agreement:
1) If Contractor fails to provide services called for by this Agreement within the time
specified, or
2) If Contractor fails to perform any of the other provisions of this Agreement, or fails
to pursue the work as to endanger performance of this Agreement in accordance with
its terms, and after receipt of written notice from City, fails to correct such failures
within ten (10) days or such other period as City may authorize.
The rights and remedies of City provided above related to defaults (including breach of
contract) by Contractor are not exclusive and are in addition to any other rights and
remedies provided by law or under this Agreement.
If City terminates this Agreement under paragraph (B), Contractor will be entitled to
receive as full payment for all services satisfactorily rendered and expenses incurred,
provided, that the City may deduct the amount of damages, if any, sustained by City due
to breach of contract by Contractor. Damages for breach of contract include those
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allowed by Oregon law, reasonable and necessary attorney fees, and other costs of
litigation at trial and upon appeal.
15. ACCESS TO RECORDS
City will have access to such books, documents, papers and records of Contractor as are
directly pertinent to this Agreement for the purpose of making audit, examination, excerpts
and transcripts.
16. HAZARDOUS MATERIALS
Contractor will comply with all federal Occupational Safety and Health Administration
(OSHA) requirements and all Oregon safety and health requirements. In accordance with
OSHA and Oregon OSHA Hazard Communication Rules, if any goods or services provided
under this Agreement may release, or otherwise result in an exposure to, a hazardous chemical
under normal conditions of use (for example, employees of a construction contractor working
on-site), it is the responsibility of Contractor to provide the City with the following
information: all applicable Safety Data Sheets, the identity of the chemical/s, how Contractor
will inform employees about any precautions necessary, an explanation of any labeling system,
and the safe work practices to prevent exposure. In addition, Contractor must label, tag, or
mark such goods.
17. FORCE MAJEURE
Neither City nor Contractor will be considered in default because of any delays in completion
and responsibilities hereunder due to causes beyond the control and without fault or
negligence on the part of the parties so disenabled, including but not restricted to, an act of
God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine
restriction, area-wide strike, freight embargo, unusually severe weather or delay of
subcontractor or supplies due to such cause; provided that the parties so disenabled will within
ten (10) days from the beginning of such delay, notify the other party in writing of the cause
of delay and its probable extent. Such notification will not be the basis for a claim for
additional compensation. Each party will, however, make all reasonable efforts to remove or
eliminate such a cause of delay or default and will, upon cessation of the cause, diligently
pursue performance of its obligation under the Agreement.
18. NON-WAIVER
The failure of City to insist upon or enforce strict performance by Contractor of any of the
terms of this Agreement or to exercise any rights hereunder should not be construed as a
waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights
on any future occasion.
19. HOURS OF LABOR, PAY EQUITY
In accordance with ORS 279B.235, the following are hereby incorporated in full by this
reference:
A. Contractor may not employ an individual for more than 10 hours in any one day, or 40
hours in any one week, except as provided by law. For contracts for personal services, as
defined in ORS 279A.055, Contractor must pay employees at least time and a half pay for
all overtime the employees work in excess of 40 hours in any one week, except for
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employees who are excluded under ORS 653.010 to 653.261 or under 29 U.S.C. 201 to
209 from receiving overtime.
B. Contractor must give notice in writing to employees who work on a public contract, either
at the time of hire or before commencement of work on the contract, or by positing a
notice in a location frequented by employees, of the number of hours per day and days
per week that the employees may be required to work.
C. Contractor may not prohibit any of Contractor’s employees from discussing the
employee’s rate of wage, salary, benefits or other compensation with another employee or
another person and may not retaliate against an employee who discusses the employee’s
rate of wage, salary, benefits or other compensation with another employee or another
person.
D. Contractor must comply with the pay equity provisions in ORS 652.220. Compliance is a
material element of this Agreement and failure to comply will be deemed a breach that
entitles City to terminate this Agreement for cause.
20. NON-DISCRIMINATION
Contractor will comply with all federal, state, and local laws, codes, regulations, and ordinances
applicable to the provision of services under this Agreement, including, without limitation:
A. Title VI of the Civil Rights Act of 1964;
B. Section V of the Rehabilitation Act of 1973;
C. The Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act
(ADAAA) of 2008 (Pub L No 101- 336); and
D. ORS 659A.142, including all amendments of and regulations and administrative rules, and
all other applicable requirements of federal and state civil rights and rehabilitation statutes,
rules and regulations.
21. ERRORS
Contractor will perform such additional work as may be necessary to correct errors in the
work required under this Agreement without undue delays and without additional cost.
22. EXTRA (CHANGES) WORK
Only the City’s Project Manager for this Agreement may change or authorize additional work.
Failure of Contractor to secure authorization for extra work constitutes a waiver of all right to
adjust the contract price or contract time due to such unauthorized extra work and Contractor
will not be entitled to compensation for the performance of unauthorized work.
23. WARRANTIES
Contractor will guarantee work for a period of one year after the date of final acceptance of
the work by the owner. Contractor warrants that all practices and procedures, workmanship
and materials are the best available unless otherwise specified in the profession. Neither
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acceptance of the work nor payment therefore relieves Contractor from liability under
warranties contained in or implied by this Agreement.
Any intellectual property rights delivered to the City under this Agreement and Contractor’s
services rendered in the performance of Contractor’s obligations under this Agreement, will
be provided to the City free and clear of any and all restrictions on or conditions of use,
transfer, modification, or assignment, and be free and clear of any and all liens, claims,
mortgages, security interests, liabilities, charges, and encumbrances of any kind.
24. ATTORNEY'S FEES
In the event an action, suit of proceeding, including appeal, is brought for failure to observe
any of the terms of this Agreement, each party is responsible for that party’s own attorney
fees, expenses, costs and disbursements for the action, suit, proceeding, or appeal.
25. CHOICE OF LAW, VENUE
The provisions of this Agreement are governed by Oregon law. Venue will be the State of
Oregon Circuit Court in Washington County or the U.S. District Court for Oregon, Portland.
26. COMPLIANCE WITH STATE AND FEDERAL LAWS/RULES
Contractor will comply with all applicable federal, state and local laws, rules and regulations
applicable to the work in this Agreement.
27. CONFLICT BETWEEN TERMS
In the event of a conflict between the terms of this Agreement and Contractor’s proposal, this
Agreement will control. In the event of conflict between a provision in the main body of the
Agreement and a provision in the Exhibits, the provision in the main body of the Agreement will
control. In the event of an inconsistency between Exhibit A and Exhibit B, Exhibit A will
control.
28. AUDIT
Contractor will maintain records to assure conformance with the terms and conditions of this
Agreement and to assure adequate performance and accurate expenditures within the contract
period. Contractor agrees to permit City, the State of Oregon, the federal government, or
their duly authorized representatives to audit all records pertaining to this Agreement to assure
the accurate expenditure of funds.
29. SEVERABILITY
In the event any provision or portion of this Agreement is held to be unenforceable or invalid
by any court of competent jurisdiction, the validity of the remaining terms and provisions will
not be impaired unless the illegal or unenforceable provision affects a significant right or
responsibility, in which case the adversely affected party may request renegotiation of the
Agreement and, if negotiations fail, may terminate the Agreement.
30. COMPLIANCE WITH TAX LAWS
Contractor represents and warrants that Contractor is, to the best of the undersigned’s
knowledge, not in violation of any Oregon tax laws including but not limited to ORS 305.620
and ORS Chapters 316, 317, and 318. Contractor’s failure to comply with the tax laws of this
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state or a political subdivision of this state before the Contractor executed this Agreement or
during the term of this Agreement is a default for which the City may terminate this Agreement
and seek damages and other relief available under the terms of this Agreement or applicable
law.
IN WITNESS WHEREOF, City and Contractor have caused this Agreement to be executed by their
duly authorized officials.
CITY OF TIGARD MASTERTECH SECURITY SERVICES INC
By: __________________________________
By: __________________________________
Name: _______________________________
Name: _______________________________
Title: ________________________________
Title: ________________________________
Date: ________________________________
Date: ________________________________
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Justin Gates
Business Development Manager
8/9/2024
Public Works Director
Brian D. Rager
8/13/2024
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EXHIBIT A
SERVICES TO BE PROVIDED
INTRODUCTION
The City of Tigard requires alarm monitoring services. This Agreement is being entered into pursuant
to ORS 279A.215 Permissive Cooperative Procurements and arising out of the Multnomah County
ITB-106-2021 and subsequent contract DCA-SVCSGEN-13373-2022.
SCOPE OF WORK
Contractor shall perform the following Work:
ALARM MONITORING – SECURITY, FIRE AND ACCESS
a. The City currently has 8 fire accounts to be monitored. Basic and AES accounts and additional
fire account locations will be added as needed by Contract amendment signed by both parties.
b. The monitoring center shall be UL rated for monitoring of commercial fire alarm systems and
be accepted by Tualatin Valley Fire Rescue.
c. Upon receipt of each alarm signal from the City’s premises, the Contractor shall immediately
and accurately handle, transmit, and process each alarm signal according to the most current
protocol provided by the City’s alarm technicians.
d. The Contractor shall possess and maintain the capabilities of receiving and processing a variety
of transmission modes common to the alarm monitoring industry, including, but not limited
to, telephone, cellular, AES radio (frequency 460.9125), and digital monitoring. Digital
capabilities shall include, but not limited to 4 + 2, SIA formats, Contact ID, and internet
monitoring formats.
e. The monitoring center must be located within 75 miles of Portland.
f. The monitoring center will have the ability to maintain service and communication during an
emergency (flooding, storms, and power failure) for a minimum of 72 hours.
g. If for any reason the monitoring company’s alarm monitoring capabilities fail, in whole or
part, the Contractor shall immediately notify the City of Tigard Facilities office and provide
information regarding the extent of the failure and expected time of service return. Contractor
will work continuously and without break until normal alarm monitoring service is restored.
When service is restored, the Contractor will notify the City of Tigard’s Facilities of service
restoration. The City, at its election, may deduct any sum owed or to be owed the Contractor
to cover any costs incurred by the City as a result of the Contractor’s alarm monitoring service
failure.
h. Maintain monitoring records for at least 3 years.
i. The Contractor will provide MASWeb remote Administration or equivalent and a mobile
interface. The Contractor will make available to the City’s alarm technicians on a continuous
24 hour - 7 days a week basis, an online system and mobile access to view real-time signal
activity, as well as user, building, and other database records. The City must have the ability to
create and modify accounts and run activity reports.
RESPONSIBLE BUSINESS PRACTICES
a. Contractor shall promote business operations that encourage energy efficiency, saving money,
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reducing climate change, increasing energy savings, and reducing dependence on fuels that are
not renewable.
b. Contractor shall accommodate their employees to ensure success on the job and encourage
employee retention and the opportunity to learn on the job.
c. Contractor will, where possible, and in accordance with the scope of services to be provided
under this contract, recycle, reuse and reduce waste going to landfill.
COST/RATE ESTIMATES
Contractor will be paid for Work on the following basis:
1. Basic base rate - $10.00/month per alarm
2. AES radio Account - $15.00/month per alarm
3. Fire System with supervised daily test - $13.50/month per alarm
Description Alarm
Quantity
Monthly Rates Annual
amount
Basic base rate (includes phone & IP accounts) n/a $10.00 per alarm $0
AES radio Account n/a $15.00 per alarm $0
Fire System with supervised daily test 8 $13.50 per alarm $1,296.00
Annual Total $1,296.00
All prices must be held firm for the first twelve (12) months of the contract. Any price increases to be
implemented by Contractor will be executed through an Amendment signed both parties and will be
submitted to the City no less than sixty (60) days prior to the proposed date of change and reflect the
requirements of the U.S. Department of Labor Consumer Price Index for A Urban Consumers (CPI-
U), U.S. The City reserves the right to reject any price modifications that are unacceptable to the City.
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EXHIBIT B
MULTNOMAH COUNTY CONTRACT AND ITB
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DCA-SVCSGEN-13373-2022
MULTNOMAH COUNTY SERVICES CONTRACT
Contract Number: DCA-SVCSGEN-13373-2022
This contract (“Contract”) is between MULTNOMAH COUNTY (“County”) and MASTERTECH SECURITY SERVICES
INC(“Contractor”), referred to collectively as the “Parties.”
CONTRACTOR ADDRESS:
MASTERTECH SECURITY SERVICES INC
PO BOX 1005
ESTACADA Oregon 97023-1005
The Parties agree as follows:
Effective Date and Termination Date. The effective date of this Contract shall be Sunday, August 01, 2021 or the date
on which all Parties have signed this Contract, whichever is later. Unless earlier terminated as provided below, the
termination date shall be Friday, July 31, 2026.
Statement of Work. Contractor shall perform the work described in Exhibit 1 (“Work”).
Payment for Work. County agrees to pay Contractor in accordance with Exhibit 1.
Contract Documents. This Contract includes the following Standard Terms and Conditions and the terms and conditions
contained in the following attached documents:
Exhibits
Exhibit Number Description
1 Statement of Work, Compensation, Payment, and Renewal Terms
2 Insurance Requirements
3 Certification Statement for Corporation or Independent Contractor
4 thru 6 NOT USED
Attachments
Attachment Letter Description
A Cooperative Purchasing Vendor Agreement
B Alarm Monitoring Bid Sheet
F NOT USED
H-1 NOT USED
H-2 NOT USED
H-3 NOT USED
The Contract may only be amended or supplemented by a writing that is signed by a duly authorized representative of
each Party, clearly recites the Parties’ understanding and intent to amend the Contract, and clearly and with specificity
describes the terms to be amended or supplemented.
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DCA-SVCSGEN-13373-2022
MULTNOMAH COUNTY SERVICES CONTRACT
Contract Number: DCA-SVCSGEN-13373-2022
CONTRACTOR SIGNATURE
The Contract may be executed in multiple counterparts and may be electronically signed. Any verified electronic signatures
appearing on the Contract are the same as handwritten signatures for the purposes of validity, admissibility, and
enforceability. Any reproduction of the Contract made by reliable means is considered an original.
By executing this Contract, each signatory acknowledges they: (a) are a duly authorized representative of their Party, acting
with the power and authority to bind their Party as provided in the Contract; (b) have read and understand the agreement,
including the attached Exhibits and Attachments; and (c) agree on behalf of their Party to be bound by its terms as of the
Effective Date.
Signature: Title:
Name (print): Date:
MULTNOMAH COUNTY SIGNATURE
This Contract is not binding on the County until signed by the Chair or the Chair’s designee.
County Chair or Designee: Date:
County Attorney Review:
Reviewed: JENNY M. MADKOUR, COUNTY ATTORNEY FOR MULTNOMAH COUNTY, OREGON
By Assistant County Attorney: Ken Elliot via MMP Date: August 5, 2021
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8/13/2021
Business Development Manager
Justin Gates 8/18/2021
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STANDARD TERMS AND CONDITIONS
1. Time is of the Essence. Time is of the essence in the performance of this Contract.
2. Subcontracts and Assignment. Contractor shall not subcontract any of the Work required by this Contract
or assign or transfer any of its interest in this Contract, without the prior written consent of County.
3. No Third Party Beneficiaries. County and Contractor are the only Parties to this Contract and are the only
Parties entitled to enforce its terms. Nothing in this Contract gives or provides any benefit or right, whether
directly, indirectly, or otherwise, to third-persons unless such third persons are individually identified by name
in this Contract and expressly described as intended beneficiaries of this Contract.
4. Successors in Interest. The provisions of this Contract shall be binding upon and inure to the benefit of the
Parties and their successors and approved assigns, if any.
5. Early Termination. This Contract may be terminated as follows:
a. County and Contractor, by mutual written agreement, may terminate this Contract at any time.
b. County in its sole discretion may terminate this Contract for any reason on 30 days written notice to
Contractor.
c. Either County or Contractor may terminate this Contract in the event of a breach of the Contract by
the other. Prior to such termination the party seeking termination shall give to the other party written
notice of the breach and intent to terminate. If the party committing the breach has not entirely cured
the breach within 15 days of the date of the notice, then the party giving the notice may terminate the
Contract at any time thereafter by giving a written notice of termination.
d. Notwithstanding Section 5(c), County may terminate this Contract immediately by written notice to
Contractor upon denial, suspension, revocation or non-renewal of any license, permit or certificate
that Contractor must hold to provide services under this Contract.
6. Payment on Early Termination. Upon termination pursuant to Section 5, payment shall be made as follows:
a. If terminated under Sections 5(a) or 5(b) for the convenience of the County, the County shall pay
Contractor for Work performed prior to the termination date if such Work was performed in
accordance with the Contract.
County shall not be liable for direct, indirect or consequential damages. Termination shall not result
in a waiver of any other claim County may have against Contractor.
b. If terminated under Section 5(c) by the Contractor due to a breach by the County, then the County
shall pay the Contractor for Work performed prior to the termination date if such Work was performed
in accordance with the Contract.
c. If terminated under Sections 5(c) or 5(d) by the County due to a breach by the Contractor, then the
County shall pay the Contractor for Work performed prior to the termination date provided such Work
was performed in accordance with the Contract less any setoff to which the County is entitled.
7. Remedies. In the event of breach of this Contract the Parties shall have the following remedies:
a. If terminated under Section 5(c) by the County due to a breach by the Contractor, the County may
complete the Work either itself, by agreement with another Contractor, or by a combination thereof.
If the cost of completing the Work exceeds the remaining unpaid balance of the total compensation
provided under this Contract, then the Contractor shall pay to the County the amount of the
reasonable excess.
b. In addition to the remedies in Sections 5 and 7 for a breach by the Contractor, the County also shall
be entitled to any other equitable and legal remedies that are available.
c. If the County breaches this Contract, Contractor’s remedy shall be limited to termination of the
Contract and receipt of Contract payments to which Contractor is entitled.
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8. Access to Records. Contractor shall retain, maintain and keep accessible all records relevant to this
Contract (“Records”) for a minimum of six years, following Contract termination or full performance or any
longer period as may be required by applicable law, or until the conclusion of any audit, controversy or litigation
arising out of or related to this Contract, whichever is later. Contractor shall maintain all financial Records in
accordance with generally accepted accounting principles. All other Records shall be maintained to the extent
necessary to clearly reflect actions taken. During this record retention period, Contractor shall permit the
County’s authorized representatives access to the Records at reasonable times and places for purposes of
examination and copying.
9. Ownership of Work. For purposes of this Contract, “Work Product” means all services Contractor delivers or
is required to deliver to County pursuant to this Contract. “Contractor Intellectual Property” means any
intellectual property owned by Contractor and developed independently from services.
County shall have no rights in any pre-existing Contractor Intellectual Property provided to County by
Contractor in the performance of this Contract except to copy, use and re-use any such Contractor Intellectual
Property for County use only. However, all Work Product created by the Contractor as part of Contractor’s
performance of this Contract shall be the exclusive property of the County. All Work Product authored by
Contractor under this Contract shall be deemed “works made for hire” to the extent permitted by the United
States Copyright Act. To the extent County is not the owner of the intellectual property rights in such Work
Product, Contractor hereby irrevocably assigns to County any and all of its rights, title and interest in such
Work Product. Upon County’s reasonable request, Contractor shall execute such further documents and
instruments reasonably necessary to fully vest such rights in County. Contractor forever waives any and all
rights relating to such Work Product created under this Contract, including without limitation, any and all rights
arising under 17 USC § 106A or any other rights of identification of authorship or rights of approval, restriction
or limitation on use or subsequent modifications.
If intellectual property rights in the Work Product are Contractor Intellectual Property, Contractor hereby grants
to County an irrevocable, non-exclusive, perpetual, royalty-free license to use, make, reproduce, prepare
derivative works based upon, distribute copies of, perform and display the Contractor Intellectual Property,
and to authorize others to do the same on County’s behalf. If this Contract is terminated prior to completion,
and the County is not in default, County, in addition to any other rights provided by this Contract, may require
the Contractor to transfer and deliver all partially completed Work Product, reports or documentation that the
Contractor has specifically developed or specifically acquired for the performance of this Contract.
10. Compliance with Applicable Law. Contractor shall comply with all federal, state, and local laws applicable
to the Work under this Contract, and all regulations and administrative rules established pursuant to those
laws, including, without limitation ORS 279B.020 and the following:
a. Pursuant to ORS 279B.220, Contractor shall: (i) make payment promptly, as due, to all persons
supplying to the Contractor labor or material for the performance of the Work provided for in the
Contract; (ii) pay all contributions or amounts due the Industrial Accident Fund from the Contractor
or subcontractor incurred in the performance of the Contract; (iii) not permit any lien or claim to be
filed or prosecuted against the state or a county, school district, municipality, municipal corporation
or subdivision thereof, on account of any labor or material furnished; and (iv) pay to the Department
of Revenue all sums withheld from employees under ORS 316.167.
b. Pursuant to ORS 279B.225, Contractor shall, if providing lawn and landscape maintenance services,
shall salvage, recycle, compost or mulch yard waste material at an approved site, if feasible and
cost-effective.
c. In accordance with ORS 279B.230, Contractor shall promptly, as due, make payment to any person,
co-partnership, association or corporation furnishing medical, surgical and hospital care services or
other needed care and attention, incident to sickness or injury, to the employees of the Contractor,
of all sums that the Contractor agrees to pay for the services and all moneys and sums that the
Contractor collected or deducted from the wages of employees under any law, contract or agreement
for the purpose of providing or paying for the services. All subject employers working under the
Contract warrant they are either employers that will comply with ORS 656.017 or employers that are
exempt under ORS 656.126.
d. Pursuant to ORS 279B.235, Contractor shall not employ any person for more than 10 hours in any
one day, or 40 hours in any one week, except in cases of necessity, emergency, or where the public
policy absolutely requires it. The laborer shall be paid at least time and a half pay when: (i) overtime
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is in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive
days, Monday through Friday; (ii) overtime is in excess of 10 hours a day or 40 hours in any one
week when the work week is four consecutive days, Monday through Friday; and (iii) Work is
performed on Saturday and any legal holiday specified in a collective bargaining agreement or
ORS 279B.020. The requirement to pay at least time and a half for all overtime worked in excess of
40 hours in any one week, shall not apply to individuals who are excluded under ORS 653.010 to
653.261 or under 29 U.S.C. sections 201 to 219 from receiving overtime.
11. Compliance with Tax Law. Contractor shall pay all taxes owed to a public body, as defined in ORS 174.109,
and attests to compliance with the tax laws of this state or a political subdivision of this state including, but not
limited to ORS 305.620, and ORS chapters 316, 317, and 318. Contractor will continue to comply with the tax
laws of this state or a political subdivision of this state during the term of this contract. Failure to comply with
this contract term is a default for which County may terminate the contract and seek damages and other relief
available.
12. Indemnity. Contractor shall defend, save, hold harmless, and indemnify County and its officers, employees
and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any
nature whatsoever, including attorneys fees, resulting from, arising out of, or relating to the activities of
Contractor or its officers, employees, subcontractors, or agents under this Contract. Contractor shall have
control of the defense and settlement of any claim that is subject to this section. However, neither Contractor
nor any attorney engaged by Contractor shall defend the claim in the name of County or any department of
County, nor purport to act as legal representative of County or any of its departments, without first receiving
from the Multnomah County Attorney’s Office authority to act as legal counsel for County, nor shall Contractor
settle any claim on behalf of County without the approval of the Multnomah County Attorney’s Office. County
may, at its election and expense, assume its own defense and settlement.
13. Insurance. Contractor shall provide insurance in accordance with Exhibit 2.
14. Waiver. The failure of the County to enforce any provision of this Contract shall not constitute a waiver by the
County of that or any other provision. Waiver of any default under this Contract by County shall not be deemed
to be a waiver of any subsequent default or a modification of the provisions of this Contract.
15. Governing Law/Venue. The provisions of this Contract shall be construed in accordance with the laws of the
State of Oregon and ordinances of Multnomah County, Oregon. Any legal action involving any question arising
under this Contract must be brought in Multnomah County, Oregon. If the claim must be brought in a federal
forum, then it shall be brought and conducted in the United States District Court for the District of Oregon.
16. Severability. If any term or provision of this Contract is declared by a court of competent jurisdiction to be
illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and
the rights and obligations of the Parties shall be construed and enforced as if the Contract did not contain the
particular term or provision held invalid.
17. Merger Clause. This Contract and the attached exhibits constitute the entire agreement between the Parties.
All understandings and agreements between the Parties and representations by either party concerning this
Contract are contained in this Contract. No waiver, consent, modification or change in the terms of this
Contract shall bind either party unless in writing signed by both Parties. Any written waiver, consent,
modification or change shall be effective only in the specific instance and for the specific purpose given.
18. Anti-discrimination Clause. Contractor shall not discriminate based on race, religion, color, sex, marital
status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity,
source of income, or political affiliation in programs, activities, services, benefits or employment. Contractor
shall not discriminate against minority-owned, women-owned or emerging small businesses. Contractor shall
include a provision in each subcontract requiring subcontractors to comply with the requirements of this clause.
19. EEO Compliance. Contractor agrees that if, at any time under the term of this Contract, it has employees and
will earn more than $75,000 as a result of this Contract, Contractor will not:
a. Discriminate against employees or applicants based on race, color, religion, sex, familial status,
national origin, age, mental or physical disability, sexual orientation, gender identity, or source of
income;
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b. Solicit or consider employment recommendations based on factors other than personal knowledge
or records of job-related abilities or characteristics;
c. Coerce the political activity of any person;
d. Deceive or willfully obstruct anyone from competing for employment;
e. Influence anyone to withdraw from competition for any position so as to improve or injure the
employment prospects of any other person;
f. Give improper preference or advantage to anyone so as to improve or injure the employment
prospects of that person or any other employee or applicant.
20. Contingent Funds.
a. Non-appropriation Clause. If payment for Work under this Contract extends into the County's next
fiscal year, County’s obligation to pay for such Work is subject to approval of future appropriations to
fund this Contract by the Board of County Commissioners of Multnomah County, Oregon.
b. Payments to Subrecipients. If any portion of the payment(s) for Work under this Contract comes
from a third-party funding source, such as from a grant or from a state or federal government,
County’s obligation to pay for such Work is subject to receipt of those third-party funds. If there is a
change to funding for this Contract, such as the addition or loss of a third-party funding source,
Contractor will be notified via a certified letter within 30 days of such change.
21. Warranties. Contractor represents and warrants to County that: (a) Contractor has the power and authority
to enter into and perform the Contract; (b) the Contract, when executed and delivered, shall be a valid and
binding obligation of Contractor enforceable in accordance with its terms; and (c) Contractor’s performance
under the Contract shall be in a good and workmanlike manner and in accordance with professional standards
applicable to the Work.
22. Protection Against Loss or Damages. County shall have the right to withhold from payments due Contractor
such sums as are necessary in County’s sole opinion to protect County from any loss, damage, or claim which
may result from Contractor’s failure to perform in accordance with the terms of the Contract or failure to make
proper payment to suppliers or subcontractors. County shall not be obligated to pay Contractor until it has
affirmatively accepted Contractor’s Work.
23. Federal Funds Subrecipient. The Catalog of Federal Domestic Assistance (CFDA) number(s), title(s) and
amount(s) of the Federal funds are shown below along with other required information about the Federal
award per CFR200, Subpart D – Post Federal Award Requirements Standards for Financial and Program
Management, Section §200.331 (see Attachment F). If this Contract is a subaward (making Contractor a
subrecipient of Federal funds), Contractor shall conduct an audit as described under 2 CFR 200.500-521
(which replaces OMB Circular A-133) if such an audit is required by Federal regulations. If there is a change
to funding for this Contract that adds Federal funding or changes existing funding to Federal, Contractor will
be notified via a certified letter within 30 days.
CFDA # Program Title Program Amount
N/A N/A N/A
24. Fiscal Requirements.
a. Contractor agrees to use, document, and maintain accounting policies, practices and procedures,
and cost allocations, and to maintain fiscal and other records pertinent to this Contract consistent
with Generally Accepted Accounting Principles (GAAP), Office of Management and Budget (OMB)
Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards
(2 CFR Chapter I, Chapter II, Part 200), Oregon Administrative Rules, and County financial procedure
in the Countywide Provider’s Fiscal Policies and Procedures Manual for contractors located at:
http://web.multco.us/finance/fiscal-compliance. Accounting records will be up-to-date and will
accurately reflect all revenue by source, all expenses by object of expense and all assets, liabilities,
and equities consistent with GAAP, Oregon Administrative Rules, and County procedures. Reports
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and fiscal data generated by Contractor under this Contract will be accessible to County upon
request.
b. Contractor will be subject to a County fiscal compliance review to monitor compliance with County’s
financial reporting and accounting requirements. The review will be completed periodically, as
described in the Countywide Fiscal Policies and Procedures Manual for contractors. If Contractor’s
corporate headquarters are out of state, Contractor agrees to pay travel costs incurred by County to
conduct fiscal review. These costs include, but are not limited to, transportation to corporate
headquarters, lodging, and meals.
c. Limited scope and full audits, including the Management Letter associated with the audit, if issued,
and all specifications identified in County’s Fiscal Policies and Procedure Manual will be submitted
to County within 30 days from the date of the report, but in no case later than nine months after the
end of Contractor’s fiscal year. Failure to submit required audits and Management Letter by specified
deadlines will be cause for withholding of Contract payments until audits are submitted.
d. Contractor agrees that audits must be conducted by Certified Public Accountants who satisfy the
independence requirements outlined in the rules of the American Institute of Certified Public
Accountants (Rule 101 of the AICPA Code of Professional Conduct, and related interpretation and
rulings), the Oregon State Board of Accountancy, the independence rules contained within
Government Auditing Standards (2003 Revision), and ruled promulgated by other Federal, State,
and local government agencies with jurisdiction over Contractor. Those rules require that the Certified
Public Accountant be independent in thought and action with respect to organizations who engage
them to express an opinion on Financial Statements or to perform other services that require
independence.
25. Data Use.
a. As applicable, the Parties agree to share the data identified in Exhibit 1, subject to the following
terms and conditions. Each Party grants to the other a license to access the data identified in
Exhibit 1 for the purposes described in Exhibit 1.
b. The Parties agree to: (i) disclose to the other only the minimum data necessary to accomplish the
receiving Party’s identified purpose, and only as permitted under the Contract and relevant laws;
(ii) keep and maintain the other's data in strict confidence, using such degree of care as is appropriate
and consistent with its obligations described in this Contract and applicable law to avoid unauthorized
access, use, disclosure, or loss; and (iii) not use, sell, rent, transfer, distribute, or otherwise disclose
or make available the other Party's data for any purpose not directly related to its performances under
the Contract or for the benefit of anyone other than the disclosing Party without that Party's prior
written consent. To avoid ambiguity, a Party receiving data from the other is prohibited from using or
further disclosing that data other than as permitted or required by the Contract or as required by law.
c. If the Work involves payment and/or health care operations activities and requires that it receive from
County data protected under 42 CFR Part 2, the following terms shall apply.
(i) Contractor acknowledges and agrees that it shall be fully bound by the provisions of 42 CFR
Part 2.
(ii) Contractor acknowledges and agrees it has implemented appropriate risk management
techniques, including administrative, technical, and physical safeguards, to protect and
otherwise prevent unauthorized uses and disclosures of data subject to 42 CFR Part 2. Without
limitation, the technical safeguards employed will incorporate industry recognized system
hardening techniques and will reflect a risk-based assessment of the data protected relative to
the likely harm from unauthorized access to the data. Contractor will at least annually audit its
safeguards to ensure all information systems within its control and involved in storing, using, or
transmitting data subject to 42 CFR Part 2 is secure and that reasonable and appropriate
measures have been used to protect the data from unauthorized disclosure, modification, or
destruction.
(iii) Contractor will immediately notify County upon any unauthorized use, disclosure, breach, or
suspected breach of data subject to 42 CFR Part 2 and will comply with all applicable breach
notification laws. Contractor agrees to cooperate with County in the investigation and remedy of
any such breach, including, without limitation, complying with any law concerning unauthorized
access or disclosure, as may be reasonably requested by County. Contractor will promptly
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reimburse County for the costs of any breach notifications, expenses, or other fees, including
any state or federal fines associated with a breach of data subject to 42 CFR Part 2 while in
Contractor’s possession or control. Contractor will send any applicable notifications regarding a
breach to the following notification email address: IT.Security@multco.us.
(iv) Contractor will only redisclose data subject to 42 CFR Part 2 when the redisclosure recipient:
(A) is a contract agent or subcontractor of Contractor that is assisting Contractor to provide
services described in the Contract; and (B) agrees by contract to only further disclose the
County's data subject to 42 CFR Part 2 to Contractor or County.
d. All data exchanged hereunder will remain the property of the disclosing Party. Except for the uses
expressly permitted herein, nothing contained in this Contract will be construed as a grant of any
right or license or an offer to grant any right or license by either Party to the other with respect to the
data exchanged hereunder, or any derivative works thereof.
26. Force Majeure. Neither Party shall be in default of the Contract by reason of any failure or delay in the
performance of its obligations hereunder where such failure or delay is due to, without limitation, civil
disturbances, riot, rebellion, invasion, epidemic, hostilities, war, terrorist attack, embargo, natural disaster, acts
of God, flood, fire, sabotage, fluctuations or non-availability of electrical power, heat, light, air conditioning or
equipment, loss and destruction of property or any other circumstances or causes beyond a Party’s reasonable
control.
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MULTNOMAH COUNTY SERVICES CONTRACT
Contract Number: DCA-SVCSGEN-13373-2022
EXHIBIT 1: STATEMENT OF WORK, COMPENSATION, PAYMENT, AND RENEWAL TERMS
1. Contractor shall perform the following Work:
ALARM MONITORING – SECURITY, FIRE AND ACCESS
a. The County currently has approximately 75 basic accounts, 50 AES accounts, and
10 fire accounts to be monitored. That number will fluctuate slightly depending on
building additions and closures.
b. The monitoring center shall be UL rated for monitoring of commercial fire alarm
systems and be accepted by Portland Fire and Gresham Fire.
c. Upon receipt of each alarm signal from the County's premises, the Contractor shall
immediately and accurately handle, transmit, and process each alarm signal
according to the most current protocol provided by the County’s alarm technicians.
d. The Contractor shall possess and maintain the capabilities of receiving and
processing a variety of transmission modes common to the alarm monitoring
industry, including, but not limited to, telephone, cellular, AES radio (frequency
460.9125), and digital monitoring. Digital capabilities shall include, but not limited to
4 + 2, SIA formats, Contact ID, and internet monitoring formats.
e. The monitoring center must be located within 75 miles of Portland.
f. The monitoring center will have the ability to maintain service and communication
during an emergency (flooding, storms, and power failure) for a minimum of 72
hours.
g. If for any reason the monitoring companies alarm monitoring capabilities fail, in
whole or part, the Contractor shall immediately notify the County Dispatch office
and provide information regarding the extent of the failure and expected time of
service return. Contractor shall work continuously and without break until normal
alarm monitoring service is restored. When service is restored, the Contractor shall
notify the County’s Dispatch of service restoration. The County, at its election, may
deduct any sum owed or to be owed the Contractor to cover any costs incurred by
the County as a result of the Contractor’s alarm monitoring service failure.
h. Maintain monitoring records for at least 3 years.
i. The contractor will provide MASWeb remote Administration or equivalent and a
mobile interface. The contractor will make available to the County’s alarm
technicians on a continuous 24 hour - 7 days a week basis, an online system and
mobile access to view real-time signal activity, as well as user, building, and other
database records. The County must have the ability to create and modify accounts
and run activity reports.
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DCA-SVCSGEN-13373-2022
RESPONSIBLE BUSINESS PRACTICES
a. Contractor shall promote business operations that encourage energy
efficiency, saving money, reducing climate change, increasing energy savings,
and reducing dependence on fuels that are not renewable.
b. Contractor shall accommodate their employees to ensure success on the job
and encourage employee retention and the opportunity to learn on the job.
c. Your organization will, where possible, and in accordance with the scope of
services to be provided under this contract, recycle, reuse and reduce waste
going to landfill.
2. The maximum payment under this Contract, including expenses, is $ 400,000.00
3. Contractor shall be paid for Work on the following basis:
a. Basic base rate - $10.00/month per alarm
b. AES radio Account - $15.00/month per alarm
c. Fire System with supervised daily test - $13.50/month per alarm
4. Invoices must be billed to Multnomah County and contain the following information:
a. Invoice number and invoice date,
b. Vendor name and address,
c. Multnomah County contract number,
d. Description of goods and/or services delivered,
e. Detail units of measure, price per unit, extended amount per line items;
f. Total invoice amount.
g. itemized invoice that includes Site Name, Site Number, Account Number, County Cost
Center (provided by County)
5. Contractor shall submit invoices for Work as follows:
Once monthly for services completed.
6. In addition to the payment provided for in Section 3, County will pay expenses on the
following terms and conditions:
N/A
7. PRICE ADJUSTMENTS:
All prices must be held firm for the first twelve (12) months of the contract. Any price
increases to be implemented by Contractor shall be submitted to the County no less than
sixty (60) days prior to the proposed date of change and reflect the requirements of the U.S.
Department of Labor Consumer Price Index for A Urban Consumers (CPI-U), U.S. The
County reserves the right to reject any price modifications that are unacceptable to the
County.
8. The Contract may be renewed on the following basis :
N/A
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DCA-SVCSGEN-13373-2022
MULTNOMAH COUNTY CONTRACT
Exhibit 2: Insurance Requirements
This EXHIBIT 2: INSURANCE REQUIREMENTS is attached and incorporated into the Multnomah County
Contract (“Contract”). A breach of this Exhibit 2 is a Material Default. Contractor shall at all times maintain
in force at Contractor’s expense, each insurance noted below:
i. Workers’ Compensation insurance in compliance with ORS 656.017, which requires subject
employers to provide workers’ compensation coverage in accordance with ORS Chapter 656
or CCB (Construction Contractors Board) for all subject workers. Contractor and all
subcontractors of Contractor with one or more employees must have this insurance unless
exempt under ORS 656.027.Employers liability insurance with coverage limits of not less than
$500,000 must be included.
ii. Commercial General Liability insurance with coverages satisfactory to the County , on an
occurrence basis, with a combined single limit of not less than $1,000,000 each occurrence for
Bodily Injury and Property Damage, with an annual aggregate limit of $2,000,000.
iii. Commercial Automobile Liability covering all owned, non-owned, or hired vehicles. This
coverage may be written in combination with the Commercial General Liability insurance (with
separate limits). Combined single limit per occurrence shall not be less than $1,000,000.
Additional Requirements: Coverage must be provided by an insurance company authorized to do business in
Oregon or rated A- or better by Best’s Insurance Rating. Contractor shall pay all deductibles and retentions.
Contractor’s coverage will be primary in the event of loss.
Tail Coverage - If any of the liability insurance coverages shown are on a "claims made" basis, "tail" coverage will
be required at the completion of the Contract for a duration of 24 months, or the maximum time period reasonably
available in the marketplace. Contractor shall furnish certification of "tail" coverage as described or continuous
"claims made" liability coverage for 24 months following Contract completion. Continuous "claims made" coverage
will be acceptable in lieu of "tail" coverage provided its retroactive date is on or before the effective date of the
Contract. If continuous "claims made" coverage is used, Contractor shall keep the coverage in effect for duration
of not less than 24 months from the end of the Contract. This will be a condition of Final Acceptance.
Certificate of Insurance Required: Contractor shall furnish a current Certificate of Insurance to the County.
Contractor shall provide renewal Certificates of Insurance upon expiration of any of the required insurance
coverages. Contractor shall immediately notify the County of any change in insurance coverage. The Certificate
shall also state the deductible or retention level.
The County must be listed as an Additional Insured by Endorsement on any General Liability Policy on a
primary and non-contributory basis. Such coverage will specifically include products and completed
operations coverage. The Certificate of Insurance shall state the following in the description of operations:
“Additional Insured Form (include form number) attached. This form is subject to policy terms, conditions and
exclusions.”
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DCA-SVCSGEN-13373-2022
A copy of the additional insured endorsement shall be attached to the Certificate of Insurance required by this
Contract. Complete copies of insurance policies shall be provided to the County via MMP Supplier Portal located
here: https://solutions.sciquest.com/apps/Router/SupplierLogin?CustOrg=Multnomah. If you need further
assistance please email: tsmmarketplacesupport@multco.us. The Certificate of Insurance should list
Multnomah County as Certificate holder: Multnomah County Risk Management, 501 SE Hawthorne Blvd,
Suite 400, Portland, OR 97214
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DCA-SVCSGEN-13373-2022
EXHIBIT 3
MULTNOMAH COUNTY SERVICES CONTRACT
Contract No. DCA-SVCSGEN-13373-2022
Certification Statement for Corporation or Independent Contractor
NOTE: Contractor Must Complete A AND B below:
Not valid unless signed.
A. CONTRACTOR IS A CORPORATION, LIMITED LIABILITY COMPANY, OR A PARTNERSHIP.
I certify under penalty of perjury that Contractor is a (check one):
☐ Corporation ☐ Limited Liability Company ☐ Partnership ☐ Non-Profit Corporation authorized to do
business in the State of Oregon
☐ NOT APPLICABLE – See section B.
B. CONTRACTOR IS A SOLE PROPRIETOR WORKING AS AN INDEPENDENT CONTRACTOR.
Contractor certifies under penalty of perjury, that the following statements are true:
1. If CONTRACTOR is providing services under this Contract for which registration is required under ORS
Chapter 671 (architects and landscape contractors) or 701 (construction contractors), CONTRACTOR
has registered as required by law.
2. CONTRACTOR is free to determine and exercise control over the means and manner of providing the
service, subject to the right of the County to specify the desired results.
3. CONTRACTOR is responsible for obtaining all licenses or certifications necessary to provide the
services.
4. CONTRACTOR is customarily engaged in providing services as an independent business.
CONTRACTOR is customarily engaged as an independent contractor if at least three of the following
statements are true.
NOTE: Check all that apply. You must check at least three (3) to establish that you are an independent
contractor.
☐ A. CONTRACTOR’s services are primarily carried out at a location that is separate from CONTRACTOR’s
residence or primarily carried out in a specific portion of the residence which is set aside as the location of the
business
☐ B. CONTRACTOR bears the risk of loss related to the services provided under this Contract.
☐ C. CONTRACTOR provides services to two or more persons within a 12-month period or Contractor
routinely engages in business advertising solicitation or other marketing efforts reasonably calculated to obtain
new contracts for similar services.
☐ D. CONTRACTOR makes a significant financial investment in the business.
☐ E. CONTRACTOR has authority to hire additional persons to provide the services and has authority to fire
such persons.
☐ F. NOT APPLICABLE – See section A.
Contractor Signature: __________________________________ Date: ____________
Title: ________________________________________________
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X
X
X
8/18/2021
Business Development Manager
Docusign Envelope ID: 12FFD049-0E5B-4FC6-BE51-8BCF3E7CAEAD
DCA-SVCSGEN-13373-2022
Attachment A
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Alarm Monitoring Bid Sheet
Sample Pricing Worksheet Group S1: Monthly Rate
Item No. Description
Approx Alarm
Quanity Monthly Rates Extended Total
\
S1.1 Basic base rate (includes phone & IP
accounts)75 10.00$ 750.00$
S1.2 AES radio Account 50 15.00$ 750.00$
S1.3 Fire System with supervised daily test 10 13.50$ 135.00$
S1.4 Sub-accounts 20 -$
Sample Project Total 1,635.00$
DCA-SVCSGEN-13373-2022
Attachment B
N/A N/A
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