MARICOPA COUNTY ELECTIONS 2024 PROPOSAL & LA V2.PDF
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2024 Election
Address: TBD
Maricopa County
Security Budgetary Figures & Lease Agreement
NOTICE: This communication may contain confidential and privileged
information that is for the sole use of the intended recipient. Any
viewing, copying or distribution of, or reliance on this message by
unintended recipients is strictly prohibited. If you have received this
information, please dispose of it.
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Proposal
September 30, 2024
Maricopa County
ATTN: Nate Young
Scope:
Mobile Surveillance Unit (MSU)
- Site Secure LLC will provide, deploy, and maintain two (2) MSU for two (2) months with the
following configurations.
! Each unit includes:
! Four (4) fixed cameras
! 300 watts of Solar
! 200Ah lithium
! Up to 20’ telescoping mast
! Red/Blue strobe light
! LTE connection
! 24/7 recording to the cloud with playback and export functionality
! 30 days video storage
! SD Card swaps so client can maintain 24-months storage once lease is finished
! Site Secure remote management of onboard electrical & communication systems
! Troubleshooting and repair
! Mobile app and web-based viewing
! Addition of PTZ to each tower available
Pricing:
Description
Monthly
Cost
Tower
#
Months
Total Cost
Each MSU with 4-fixed cameras
OPTIONAL: Each PTZ
$2,200
$200
2
0
2
2
TOTAL
$8,800
$0
$8,800.00
Notes & Exclusions:
! Terms net 30 billed monthly
! Unit moves available at $150 per trip
! 24/7 Live Monitoring was not purchased in this agreement; live feeds will be accessed and
watched by customer
Contact:
Nick Gardner
Cell. 602-526-3036
ngardner@SiteSecureSolutions.com
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EQUIPMENT LEASE AGREEMENT
This Equipment Lease (this "Lease") is made effective as of ___September 30___ __, 2024_, between Site Secure
LLC (the "Lessor" or “Site Secure”), PO Box 40861, Mesa, AZ, 85274, and ____Maricopa County___ (the "Lessee")
at __301 W Jefferson St, Phoenix, AZ 85003_ and states the agreement of the parties as follows:
EQUIPMENT SUBJECT TO LEASE. The Lessor shall lease the equipment listed on the attached Exhibit A (the
“Equipment”) to the Lessee.
LEASE TERM. The Lease shall begin on the above effective date. Monthly billing shall begin on the date of
Equipment delivery and acceptance and shall continue two (2) calendar months. Either party to give 30-days’
notice to terminate, unless otherwise extended or terminated in a manner consistent with the terms of this Lease.
The parties may agree in writing to an extension, if needed.
PAYMENT. Lessee shall pay Lessor all amounts due under the September 30, 2024, proposal and in full, terms
net 30, billed monthly. All accounts not timely paid shall be subject to 1.5% interest per month on unpaid invoices.
PRORATED PAYMENTS. Partial months are billed using a 30-day month.
LOCATION OF EQUIPMENT. The Equipment shall be located at TBD during the lease term and shall not be
removed from that location without the Lessor's prior written consent.
RELOCATION OF EQUIPMENT ON SITE. Site Secure will relocate Equipment at the same leased address at the
cost described in the Proposal. Lessee shall not be permitted to relocate the Equipment on its own without the
prior written consent of Lessor. Lessor shall not be responsible for any damage or harm caused to Lessee or its
employees or affiliates if Lessee relocates the Equipment.
CARE AND OPERATION OF EQUIPMENT. The Equipment may only be used and operated in a careful and
proper manner. Lessee agrees that it is permitted to use surveillance and cameras at the selected location and use
of the Equipment and the location thereof complies with all laws, ordinances, and regulations relating to the
possession, use, or maintenance of the Equipment, including registration and/or licensing requirements, if any.
Further, the parties agree that the Equipment is proprietary, and any information or trade secrets related to the
Equipment, including the design or internal components thereof, are confidential. Only the Lessor is authorized
to access the internal components of the Equipment. Lessee shall not, at any time, open or attempt to open the
Equipment for any reason. Lessee agrees that if it obtains confidential information about the Equipment through
unauthorized access, whether intentional or unintentional, the information may not be used in any way that may
compete, directly or indirectly, with Site Secure. The parties agree that Lessor shall have the right to pursue any remedy
available at law or in equity for any breach or threatened breach of this provision.
MAINTENANCE. The Lessee shall maintain the Equipment in good repair and operating condition and is
responsible for keeping solar panels wiped clean. Site Secure will provide maintenance as requested at the cost
described in the Proposal.
LESSOR'S RIGHT OF INSPECTION. The Lessor shall have the right to inspect the Equipment during Lessee's
normal business hours.
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RETURN OF EQUIPMENT. At the end of the Lease term, the Lessee shall make the Equipment available for
return to the Lessor, and Lessor shall have the right to recapture the Equipment at its earliest available time
following the termination of this Lease.
OPTION TO RENEW. If the Lessee is not in default upon the expiration of this lease, the Lessee shall have the
option to renew this Lease for a similar term on such terms as the parties may agree at the time of such renewal.
Lessee shall give notice to Lessor of intent to renew at least 30 days prior to Lease expiration to guarantee
Equipment availability.
ACCEPTANCE OF EQUIPMENT. The Lessee shall inspect each item of Equipment delivered pursuant to this
Lease. The Lessee shall immediately notify the Lessor of any discrepancies between such item of Equipment and
the description of the Equipment listed in Exhibit A. If the Lessee fails to provide such notice in writing within 3
days after the delivery of the Equipment, the Lessee will be conclusively presumed to have accepted the
Equipment as specified in Exhibit A.
OWNERSHIP AND STATUS OF EQUIPMENT. The Equipment will be deemed to be personal property, regardless
of the manner in which it may be attached to any other property. The Lessor shall be deemed to have retained
title to the Equipment at all times, unless the Lessor transfers the title by sale. The Lessee shall immediately
advise the Lessor regarding any notice of any claim, levy, lien, or legal process issued against the Equipment.
WARRANTY. The Lessor warrants that the Equipment is in good working condition, but makes no further
warranties, express or implied.
RISK OF LOSS OR DAMAGE. The Lessee assumes all risks of loss or damage to the Equipment from any cause
and agrees to return it to the Lessor in the condition received from the Lessor, except for normal wear and tear,
unless otherwise provided in this Lease.
INDEMNITY OF LESSOR FOR LOSS OR DAMAGES. Unless otherwise provided in this Lease, if the Equipment
is damaged, lost or stolen, the Lessee shall notify the Lessor immediately. The Lessor will repair or replace the
Equipment in good repair at Lessee’s expense and the Equipment shall become the property of the Lessor and
subject to this Lease.
LIABILITY AND INDEMNITY. Maricopa County will indemnify, defend, and hold Site Secure harmless from and against
any and all Damages to the extent such Damages arise from Maricopa County breach of this Agreement, negligence or
willful misconduct.
DEFAULT. The occurrence of any of the following shall constitute a default under this Lease:
A. The failure to make a required payment under this Lease when due.
B. The violation of any other provision or requirement that is not corrected within 2 day(s) after written notice
of the violation is given.
C. The insolvency or bankruptcy of the Lessee.
D. The subjection of any of Lessee's property to any levy, seizure, assignment, application or sale for or by
any creditor or government agency.
RIGHTS ON DEFAULT. In addition to any other rights afforded the Lessor by law, if the Lessee is in default under
this Lease, without notice to or demand on the Lessee, the Lessor may take possession of, or render unusable,
the Equipment wherever it may be located as provided by law, deduct the costs of recovery (including attorney
fees and legal costs), repair, and related costs, and hold the Lessee responsible for any deficiency. The rights and
remedies of the Lessor provided by law and this Lease shall be cumulative in nature. The Lessor shall be obligated
to re-lease the Equipment, or otherwise mitigate the damages from the default, only as required by law.
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NOTICE. All notices required or permitted under this Lease shall be deemed delivered when delivered in person
or by mail, postage prepaid, addressed to the appropriate party at the address shown for that party, or emailed to
the Lessee’s email address given at the beginning of this Lease.
ASSIGNMENT. The Lessee shall not assign or sublet any interest in this Lease or the Equipment or permit the
Equipment to be used by anyone other than the Lessee or Lessee's employees, without Lessor's prior written
consent.
ENTIRE AGREEMENT AND MODIFICATION. This Lease constitutes the entire agreement between the parties.
No modification or amendment of this Lease shall be effective unless in writing and signed by both parties. This
Lease replaces any and all prior agreements between the parties.
GOVERNING LAW. This Lease shall be construed in accordance with the laws of the State of Arizona. If any
action or proceeding arises in connection with this Lease or events related thereto, the parties hereby consent
to the exclusive jurisdiction and venue of state or federal courts of appropriate jurisdiction sitting in Maricopa
County, Arizona.
SEVERABILITY. If any portion of this Lease shall be held to be invalid or unenforceable for any reason, the
remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Lease is
invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such
provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this Lease shall not be construed as a waiver or
limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this
Lease.
CERTIFICATION. Lessee certifies that it is authorized to enter into this Lease and perform (financially and
operationally) the obligations hereunder. Any material misrepresentation will constitute a default under this
Lease.
LIQUIDATED DAMAGES. SITE SECURE LLC LIMITS OF LIABILITY: It is understood that SITE SECURE is not
an insurer; that insurance for whatever reason or purpose and in whatever amount shall be obtained by Lessee
or any authorized Sublessee, if any is desired; that the sums payable hereunder to SITE SECURE by Lessee
are based upon the value of services offered and the scope of liability undertaken, and such sums are not related
to the value of property belonging to Lessee or to others located on Lessee's premises. Lessee does not seek
indemnity by this Lease from SITE SECURE and specifically waives any rights for indemnity for any damages or
losses caused by hazards to Lessees, Invitees, Guests, or property. SITE SECURE MAKES NO WARRANTY,
EXPRESS OR IMPLIED, THAT THE EQUIPMENT IT DEPLOYS OR THE SERVICES IT FURNISHES WILL
AVERT OR PREVENT OCCURRENCES, OR THE CONSEQUENCES THEREFROM, WHICH THE EQUIPMENT
AND SERVICES ARE DESIGNED TO DETECT. Lessee agrees that SITE SECURE shall not be liable for any of
Lessee's losses or damages, irrespective of origin, to person or property, whether directly or indirectly caused by
performance or non-performance of obligations imposed by this agreement or by negligent acts or omissions of
SITE SECURE, its agents or employees. The Lessee does hereby waive and release any rights of recovery
against SITE SECURE that it may have hereunder. It is agreed that it is impractical and impossible to fix actual
damages which may arise from situations where there may be a failure of services provided, due to the uncertain
value of Lessee's property or the property of others kept on the protected premises which may be lost, stolen,
destroyed, damaged or otherwise affected by occurrences which the Equipment is designed to detect or avert.
Due to the inability of SITE SECURE to establish a causal connection between Equipment or service problems
and Lessee's possible loss, it is further agreed that if SITE SECURE should become liable for any losses or
damages attributable to a failure of Equipment or services in any respect, its total liability to Lessee shall be limited
to $250.00, which the Lessee agrees is reasonable. The payment of this amount shall be SITE SECURE‘s sole
and exclusive liability regardless of the amount of loss or damage incurred by the Lessee. No suit or action shall
be brought against SITE SECURE more than one (1) year after the accrual of the cause of action therefor. Since
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it is agreed that the Lessee retains the sole responsibility of the life and safety of all persons in the protected
premises, and for protecting against losses to his own property or the property of others in the protected premises,
Lessee agrees to indemnify, defend and hold harmless SITE SECURE from any and all such claims and lawsuits
including the payment of all damages, expenses, costs, and attorney fees incurred by SITE SECURE, its
employees and agents, from and against all claims, lawsuits and losses, by persons not a party to this Lease,
against SITE SECURE for failure of its Equipment or services in any respect, alleged to be caused by the improper
operation of the Equipment, whether due to malfunctioning or non-functioning of the Equipment, or by the
negligence, active or passive, of SITE SECURE.
STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST. Notice is given that, pursuant to
A.R.S. § 38-511, the County may cancel any contract without penalty or further obligation within three years after
execution of the contract, if any person significantly involved in initiating, negotiating, securing, drafting, or
creating the contract on behalf of the County is at any time while the contract or any extension of the contract is
in effect, an employee or agent of any other party to the contract in any capacity or consultant to any other party
of the contract with respect to the subject matter of the contract. Additionally, pursuant to A.R.S § 38-511, the
County may recoup any fee or commission paid or due to any person significantly involved in initiating,
negotiating, securing, drafting, or creating the contract on behalf of the County from any other party to the
contract arising as the result of the contract.
FORCED LABOR.
1.0.1 By submitting a bid for this solicitation and/or entering into a contract as a result of this solicitation,
contractor agrees to comply with all applicable portions of Arizona Revised Statutes Section 35-
394. Contracting; procurement; prohibition; written certification; remedy; termination; exception;
definitions.
1.0.2 Contractor certifies that it does not currently, and agrees for the duration of the contract, that it will not
use:
1.0.2.1 The forced labor of ethnic Uyghurs in the People’s Republic of China.
1.0.2.2 Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic
of China.
1.0.2.3 Any contractors, subcontractors or suppliers that use the forced labor or any good or services
produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.
1.0.3 If contractor becomes aware during the term of the agreement that contractor is not in compliance with
this paragraph, the contractor shall notify the County within five business days after becoming aware of
the noncompliance. If the contractor fails to provide a written certification to the County that the contractor
has remedied the noncompliance within 180 days after notifying the County of its noncompliance, then
the agreement terminates, except that if the agreement termination date occurs before the end the 180
day period, the agreement terminates on the agreement termination date.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be duly executed as of the year and day
first above-written.
Lessor:
SITE SECURE LLC
____________________________
Name: Nick Gardner
Title: Authorized Representative
Date:
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Lessee:
MARICOPA COUNTY
CHAIRMAN, BOARD OF SUPERVISORS DATE
ATTESTED:
CLERK OF THE BOARD DATE
APPROVED AS TO FORM:
DEPUTY COUNTY ATTORNEY DATE
Site Secure LLC Page 8 of 8
9/30/24
Exhibit A
List of Equipment
• TWO (2) Security Towers with:
o Four (4) fixed cameras
o 300 Watts of Solar
o 300 Amp Hours of Lithium Battery
o Red/Blue Strobe Lights