HomeMy WebLinkAboutContracts & Agreements_13-1971Telephone: 7VC)-6144 Area Godo 213
REMOTE STATION FIRE ALARM SYSTEM SERVICE AGREEMENT
THIS AGREEMENT, made thin __ 3 r d day of _— M a ry 19 7 1 _, by and between
TELE-FIRE OF CALIFORNIA, INC., hereinafter called the "Contractor", and .... CijY__of„Redlands
hereinafter called the "Subscriber",
WITNESSETH,
That for the considerations and covenants hereinafter specified, the parties hereto .do, for themselves, their succo wrs
and assigns, mutually covenant and agree as follows-
1. The Contractor agrees to maintain or cause to be maintained, during the term of this Agreement, in the premises
of the Subscriber, --_-____ a Remote Station
Fire Alarm System and will, subject to the terms and conditions hereof, during the term of this Agreement, make periodic
tests and inspections of the system not less than once a month, and make such repairs and adjustments as may be neces-
sary for the proper operation and maintenance of such system in good working order, the Subscribed agreeing, neverthe-
less, to exercise all reasonable care in the handling thereof and to notify the Contractor promptly of any conditions requir-
ing the Contractor's attention. It is mutually understood and agreed by and between the parties hereto that whenever the
Remote Station Fire Alarm System shall require attention by a representative of the Contractor, whether for repairs, main-
tenance, non-functioning, malfunctioning or any cause whatsoever, the Contractor shall have a proper notice from the
Subscriber of the need to give attention to said system, within which to dispatch a representative of the Contractor to the
premises of the Subscriber. The Contractor agrees to send monthly written reports of above mentioned tests and inspections
to the Pacific Fire Rating Bureau.
The Contractor shall notify both the Subscriber and the Pacific Fire Rating Bureau in the event that the system has it partial
or total impairment of service due to any cause or to discontinuance of service. It is further understood and agreed by and
between the parties hereto that the entire system, including all devices, instruments, appliances and all connections, wires, con-
duits, tubing, foils, screens, cabinets, springs and other materials associated therewith is and shall remain the personal prop•
erty of the Subscriber.
2. The Subscriber herebyagrees to the Contractor, its agents or assigns, the sum of 2 Q ,_� 0 __
gr pay , S grls� _ to apply its a
service charge for the first year of this agreement, and to be paid on the date such system is operative under this agreement.
Thereafter for the next ------- A------ years Subscriber will pay the sum of 1` __--------- aanual� in ,"4dvance, until the
termination of this Agreement, which is terminable at the end of the _.�___ year period, provided thirty days' prior notice in writing
of desire to terminate is given by either party to the other; otherwise to continue after expiration of said____5________ year
period until such thirty days' prior written notice is given by either party to the other. Any advance payments made for
service to be supplied subsequent to the date of such termination shall be refunded to the Subscriber.
3. The Subscriber hereby authorizes and empowers the Contractor, its agents or assigns, to maintain the aforesaid sys-
tem in said premises and to make inspections, tests and repairs to it, and further, to make any change in or alterations
to the system made at the request of the Subscriber or made necessary to meet Pacific Fire hating Bureau or National Board
of Fire Underwriters requirements by any changes in the Subscriber's premises, property or equipment, after the original
installation has been completed, at the cost of the Subscriber on a time and material basis as it is always necessary that
complete coverage must be maintained. It is mutually agreed that the work of installation and the Contractor's periodic
inspections and teats of the system shall be performed between the hours of 8.00 o'clock A.M., and 5:00 o'clock P.M., ex-
clusive of Saturdays, Sundays and holidays.
4. The Subscriber hereby agrees that the Contractor shaft have the right to increase or decrease the annual charge pro-
vided for herein at any time or times after the expiration of five years from the date such system is operative under this
agreement or after five years from the effective date of this agreement if an effective date is herein specified, upon giving
the Subscriber written notice sixty days in advance of the effective date of such increase or decrease, and if the Subscriber
if unwilling to pay any such increased charge, the Subscriber may cancel the then unexpired term of this agreement by notifying
the Contractor in writing thirty days prior to the otherwise effective date of any such increase.
5. This Agreement may be terminated at the option of the Contractor at any time in the event that the Contractor is
unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of conductors
between the Subscriber's premises and the Fire Department, and the Contractor shall not be liable for any damages or sub-
ject to any penalty as a result of such termination.
6. It is understood and agreed that the Contractor's obligation relates to the maintenance solely of the specified protec-
tive signaling system, and that the Contractor is in no way obligated to maintain, repair, service, replace, operate or assure
the operation of the property, system or any device or devices of the Subscriber or of others to which the Contractor's said
system is attached.
7. The Subscriber expressly covenants and agrees not to tamper with, disturb, injure or remove or otherwise interfere with
said System nor to permit the same to be done, other than by the Contractor. It is further agreed that the System shall remain in
the same Iocations as installed, and any removal or disturbance thereof resulting from painting, altering, or remodelling the fix-
tures or any changes whatsoever necessirating any work by way of repairs, relocation or otherwise on said System shall be paid for
by the Subscriber in accordance .with standard charges of the Contractor in addition to all other charges mentioned herein.
8. - -- and,..t".,s[.e..ows��Mi►a 16wt}ririlt stT�?
9. The Conttaactor assumes no liability for delays in installation of the equipment, or for interruptions of service due to
strikes, riots, floods, fires, acts of God, or any cause beyond the control of the Contractor, and will not be required to supply
service to the Subscriber while interruption of service due to any such cause shall continue, but will, in such event, give notice of
the condition to the Subscriber or his designated representative. The mailing of a registered letter shall conclusively establish that
such advice has been given by the Contractor.
10. The failure of the Contractor to insist upon strict performance of any of the terms, conditions or covenants herein shall
not be deemed a waiver of any rights or remedies that the Contractor may have.
11. This Agreement is not assignable by the Subscriber except upon written consent of the Contractor first being obtained.
12. There are no verbal understandings changing or modifying any of the terms of this Agreement,
TELE- IR �OF CAI IFOR I , ING
William H. Fitchie----------_----------- NAY -1 7971
C IT Y,O E.D,LANDS' �AIV 4GI?
Y
R. P. MM=17t, Jr. , City Manager