HomeMy WebLinkAboutContracts & Agreements_160-2012_CCv0001.pdf PACIFIC ALARM SERVICE, INC. BommontOf lm-(961)845.18H
521 Wellwbod Avenue a Beaumont,Calif. 92223 Reftnds (900,7 X1901
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GENERAL AGREEMENT CSLS Lk,4We=
This agreement between PACIFIC ALARM SERVICE,hereinafter called'ALARM COMPANY'and City of Redlands
hereinafter called "Subscriber", WITNESSETH:In consideratlon Vail the cmenants herekt to"performed by the Subscriber,the
Alarm Company Hereby agrees to Install and servtce burOar,fire.access control alarm oysterns on the premises of the Subscriber at
various sties for a period of 3 years commencing July Q1.2012.
SChEOULE:
Animal Control 57.50 Hinckley Water Fire 59.00 Redevelopment Agency 77.00
CallfomtaStLarufttlt 34.00 Joslyn Center 34.50 Smiley Library 134.013
Citrus Fire Stat 63.50 Uncoln Shrine 54.00 Smiley Library Fire 76.50
City Hall Fire 84.00 Uncukr Shrine Fire 67,OD sports,Park 125.50
City Halt Council 24.50 Muntle al Allpoft 39.50 Treasurers Mice 75.00
CIrIcCerlterAf /CltyHall 329.50 Municipal AgMGate Access357.510 Wastewater Collections 4,4,54
ClOc"CenterF 1183D" Museum Storage 41.50 WastetraterFite 66,13D"
CammuiMtty Chit, 1119.00" " PD Airport Hanger 20 57.00 Wastewater Maintenance 491D
C ommunity Cen Fire 64.00 PO Annex 100.00 Wastewater Office 74.60
Cofp Yard Auto 101.50 PO Amex Fire 80.50 Wastewater Operation 49.'$
Corp Yard EOC 136.00 PD Etoo)(110 47.00 Water Dept 137.50
Corp Yard--Fire 92.00 PO Citrus Pizza 41.50
Henry Tate water 213.50 Municipal Airport Office 36.50
H#40e Cemetery 64,00 PQ Narcotics 56.00
Hinckley Water 54.50 PD Office 54.00
I. TERM,PAYMENT,RENEWAL: Subscriber agrees to pay to the Alarm Company installation charge of$ XXXXX Upon the execution of the agreement:
He further agrees to pay to the Alarm Company$ 3S6.00 per month service charge,payable as follows: $ 35$8.00
first month's charge,payable upon execution ofthis agreerneint"and$ 3S96AD .- on the first day of each and every morift it Is agreed that fife surra be`paid by
Subaoriber are in Conskie7etlon"of the execution offt a hent as Shcor the ranewal thereof land the Installation of said system;and upon default by Subscriberof any oftheten, orcommons
herein contained,the Alarm Comptmy may,at its option,49d"any principal balance hereunder to become Immediately due and payable. All charges set forth in this"Agreement am based
on existing federal,state,local taxes,ken"leftandutNfyohInrgea.In the event of any increase or additional taxes,fees,utility or government charges related to the Installation of the servioe,
herein described,the SubeceAW agrees to pay the'addkionai oust a which may be irrtposed.
union thirty days before the expiration of the term thereof,written notice is,given try the Subscriber to the Alarm Company of the termination of this agreement,the same shall be
automatically renewed on a year to year basis,subject to alt the terms and cordttione herein contained.
2. TIME TO EQUIPMENT,REMOVAL OF SYSTEM.Subsprfber acknowledges and agrees that this agreement is for it*providing service only and that except as hershudter provided,the
major components Installed herein,Including but not limited to transmitters,".detection.devices,bell boxes and controls shall at all times remain the able property of Como".'Upon the
expirationof this agreement or upon any default as herein set forth,Company is authorized to enter upon the premises of Subscriber and to remove ell of the Company owned'
Rertovai of Company owned equipment shall be without prejudice to the collection of any and all atmos due under the entre contract or extensions or renewals thereof.Subscriber the#,in sirc3i
event,,retum.the said Company agent to Comparry in good Carrdllon,reasonable wear and tear expected.
Upon completion of the Installation,Rife No all o1 Itr nonrawn4i asrpul xrwk ihaterigl,supplied,Including but not limited to,wire,cable,conduit,screens and the latiorfor the h ilatam
of the system shall vest in the Subscriber.No"hWas*np the for*pV*,during the term oftlils agreement,Subscriber wilt not damage,encumber,temper with"ter dispowol any por6w offt
system or pemdt the system to be 3- 111 d ei toift rad,taken from the,premises,tampered with,or repaired by anyone who is not an authorized agent of Company. Subscriber ap► that
the installation of the Corp"o6md wipO MrM does nrdt oleate a f8tfure to Subsefter's premises as to that wpipment:'
3. o&Autta suescnew ATTDPiNm LlEL>k N9rAatlr�elrlr5s lopay city wnaaapnnvidsdlreaReratrsr>iIM+(tOf Atyrs aArlfM aa►iia` dUb and pr�Imla dr k 9rabrarbsrlMslo
perfHit+arra other pRerddona r11trY+tarn ryq drys aAer GorrReary shah have raQueMed it in wr"parlorewon thereof,or N Sudacrber makes any assignment for the beheflt of creditors,
Company shall have the right,but shall not be obligated,to exercise any one or more of the following remedies:
(a)Recover the existing amount due from Subscriber and continue to service the system,in which case.Company shall be entitled to recover,in addition,the monthly payments due under
the Agreement for said services;or
(b)Remove the alarm system upon five(5)days written notice to Subscriber at Subscriber's address listed above,and recover from Subscriber all sums Company may be.er>tltted to under
law.
In the event of termination of the Agreement or upon expiration of this Agreement,Company shall have the Immediate right to remove"the eilUipment which shall not be considered to
constitute a breach of this Agresmetnt or a waiver by company of any of Its rights. Company shall not be responsible for damage caused to Subscriber's pmmbea by reason of ft removal of
time alarm system from Subscriber's promises.
In the:event it shall bacon*nacesion for Company to Institute proceedings to W600 tee coal of inMsMlfon of to monthly SerndCe cdtarge 9b act tam harrin.thNt and th`atiolt
proceedings the unsuccessful party shall pay to the successful party reasonable attorney's fees whom parrrlllad by law."
4 SUBSCRIBER'S DUTIES Ata TO USE OF SYSTEIWAUTHORLEED PERSONNEL The SuEwlbw*M ouMtAy and Progeny teat and sal vm airm 1� isn ir*nadMdy Prior ib int
scouring of 1ha prorrilrss_ M say- I - In cparapar of ft teydam dilwlope,tSr in fire evirmtaity kOn upft at SubarwaM t> Blbsatw did nallily Owww +r rr-10k Mir•Cmgwv
dW npsk cry dMacM egdpm*M within s my , W err alkeh'ret.*t"ofsuch rxitce. anpart
if lI pmftc is o1 t.��i sY 1 c MM Sr rpWn nth rip w M lutlh
other&M as Sunscreen shat does ilia pllt$f rtfr ttie'mariner recommended by Compare
ar agreba to fittntah t tatmQerlg fotttiwftlrn tiWdNfaft ttsQ oftharmarrlas,t it .Maklenoe phone numbers and signMrates d GYM pe n4orset fz+d�drelnbar#wlrpr�ilrs d
Bi rthers"during rep"'erh""d dosed period%ahmdDorbe elotiAed in the eventtof an afami,and with a wrflIsn dally and holiday openingnd,doeb hedtAer�
schedules. AD charges,revisions and modifications to the above shall be supplied to Company,In wrhiing.
5. COMPANY IS NOT AN INSURER;LIMITATION OF LIABILITY;LIQUIDATED DAMAGES: it b understood and agreed:That the Company is not an Insurer,that insuranoo,X wry,*Mbe
obtained by Subscriber,that the payments provided for herein are based solely on the value of the service as set forth herein and are unrelated to the value of the Subsorth er'a prupwty or OW
property of others located on Subscriber's prarnbas. Subscriber acknowledges that it is impracrtical and extramegr dtffvoL*to fix the actual damages,t cry,hArlt h n"proximately racial h m
a failure to perform"of the obligations harobror the failure of the system to property operata with resulting loss to Subsatber because of,among other V*W
(a)The uncertain amount of value of Subscriber's property or the property of others kept on the premises which may be lost,stolen,destroyed,dw ngad orofmwon d%WAd by
occurrences which the system or service is designed to detect or avert;
(b)The uncertainty of the response time of any police or fire department,should the police or fire department be dispatched as a rebutt of signal being reoelved`r an audible dsvloe
sounding;
(c)The inability to ascertain what portion,If any,of any lose would be proximately caused by Company's failure to perform or its equipment to operate.
(d)The nature of the service to be performed by Company.
Subscriber understands and agrees that N Company should be found liable for loss or damage due from failure of Company to perform any of the obligations herein,Including but not
limited to Installation,maintenance,monitoring or service,or the failure of the system or equipment in any respect whatsoever,Company's Nabtilly shah be limited b fir summ equal fo do 00 d
six-(B)mor"i"h iertla or Two Kirldr6d Fiftyl$250A01dol ars,whichever is the loom,as lkitildated demqm and not as penalty wid thele liability shall be exclusive,and that ft prorwuti
of thisSecOu" applyff Jowor dems9ft Irrespect1w of cause or origin,results directly or incilrectly to persons or property,from performanmor noriperkmnanos of the obligations Imposed
by this contract,or from negligence,active or otherwise,of Company,Its agents,assigns.or employees.
if subscriber wishes Company to assume a limited tlablMry In tau of the liquidated damages as hereinabove am forth,Subeeriber may obtain from Compramy a Nmiteton of liability by paying
an additional monthly service charge to Company. If Subscriber elects to exercise this option,a rider shall be attached to this agreement seting forth the terms,conditions and the amount of
the limited Natality,and the additional monthly charge. Such rider and additional obligation shalt in no way be interpreted to hold Company,as an Insurer.
S. COMPANY S LIABILITY/DISCLAIMER OR WARRANTIES: COMPANY DOES NOT REPRESENT OR WARRANT,THAT THE ALARM SYSTEM MAY NOT BE COMPROVAM OR
CIRCUMVENTED:OR THAT THE SYSTEM WILL PREVENT ANY LOSS BY BURGLARY,HOLD-UP,FIRE,OR OTHERWISE:OR THAT THE SYSTEM WILL IN ALL CASES PRCVM Ti!
PROTECTION FOR WHICH ITISINSTALLEDORI rivill D.suescRill"ACKNOWLEDGES AND AGREES:THAT COMPANY HAD MADE NO REPRESENTATIONSORMMPIIIANIfIRi.
EXPRESS OR IMPLIED,AS TO ANY MATTER WHATSOEVER,INCLUDING WITHOUT LIMITATION THE CONDITION OF THE EQUIPMENT,ITS kWOCFWRABOM OR fm 1 11MBi
FOR ANY PARTICULAR PURPOSE; NOR HAS SUBSCRIBER RELIED ON ANY REPRESENTATIONS OR WARRANTIES,EXPRESS OR IMPLIED;THAT AMY AFPWALM4M OF FACT
OR PROMISE SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY,AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACit OF THN AOR1fT
HEREON THAT COMPANY IS NOT AN INSURER: THAT SUBSCRIBER ASSUMES ALL RISK OF LOSS OR DAMAGE TO SUBSCRIBER'S PREMISES ONTO THE CCRIMI><
THEREOF;AND THAT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREEMENT,PARTICULARLY PARAGRAPHS 5 AND 7,WHICH SET FORTH COMPAN"
MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE.
PACIFIC ALARM SERVICE,INC. Firm CITY OF REDLANDS
AT
By
t�Q
gy gy rZ('- L Q )-
Pete g ar am n ty-Z�e-rk
Dated 20 Title Mayor Date 10/2/12
AP-PAS-12(rev.11197)
T THIRD PARTY INDEMNIFICATION: In the event any person,not a party to this Agreement,shall make any claim or file any lawsuit against Company for any reason relating to Company's
duties and obligations pursuant to this Agreement,including but not limited to the design,installation,maintenance,operation.or nonoperation of the alarm system,Subscriber agrees to
indemnity,defend and hold Company harmless from any and all claims and lawsuits,including the payment of all damages,expenses,costs,and attorneys'fees,whether these claims can be
based upon active or passive negligence,or strict or product liability on the part of the Company,its agents,servants or employees_
Thisagreement by Subscriber to indemnify Company against third party claims as hereinabove set forth shall not apply to issues,damages,expenses and liability resulting in injury or
death to third persons or injury to property of third persons,which losses,damages,expenses and liability occur while an employee at Company is on Subscriber's premises and which losses,
damages and liability are solely and directly caused by the acts of said employee.
S. RIGHT OF SUBCONTRACTORS: Subscriber acknowledges that this Agreement,and particularly those paragraphs relating to disclaimer of warranties,liquidated damages and third
party indemnification,inure to the benefit of and are applicable to any subcontractors employed by Company to provide monitoring,maintenance,installation or service of the alarm system(s)
provided herein;and that they bind Subscriber with respect to said subcontractors with the same force and effect as they bind Subscriber to Company.
9. RESPONSE TO ALARMS,POLICE/FIRE DEPARTMENT ALARMS.
(a)LOCAL ALARM.Company,upon receipt of information that an audible device is sounding on the premises of Subscriber,will make reasonable efforts to notify Subscriber or his
designated representative by telephone of the phone number and address supplied to Company in writing by Subscriber. If Subscriber cannot be reached or does not appear at the above-
described premises within thirty(30)minutes from the time Company receives information that the audible device is sounding,or if Company is called upon to turn off any audible alarm at the
above address at any time,Subscriber hereby authorized and appoints Company,as its agent,to turn off the said audible device and agrees to hold Company harmless and to indemnity
Company from any damage,loss or liability which may result from the turning off of the alarm by Company.
(b)CENTRAL OFFICE ALARM. Company or its designee,except where the system terminates as a police or fire department,shall without warranty,make every reasonable effort to do
the following:
(1)Upon receipt of a burglar alarm signal,transmit the alarm to headquarters of the public police department,and notify the Subscriber or his designated representative by calling the
telephone number supplied to Company in writing by Subscriber.
(2)Upon receipt of a hold-up alarm signal,transmit the alarm to the public police department-
(3)Upon receipt of a sprinkler signal,water flow signal,manual or automatic fire alarm signal,transmit the alarm to the public fire department and notify Subscriber or his designated
representative by calling the telephone number supplied to Company in writing by Subscriber.
(4)Upon receipt of a monitor signal,notify Subscriber or his designated representative by calling the telephone number supplied to Company in writing by Subscriber.
(c)POLICE/FIRE DEPARTMENT CONNECTED ALARMS:Subscriber acknowledges that if the signals transmitted from Subscriber's premises will be monitored in municipal police and/
or fire departments or other locations,that the personnel of such municipal police and/or fire department or other location are not the agents of Company,nor does the Company assume any
responsibility for the manner in which such signals are monitored or the response,if any,to such signals.
(d)TELEPHONE LINES: Subscriber shall pay all charges made by any telephone company or other utility for installation,leasing and service charges of telephone lines connecting
Subscriber's protected premises to Company's Central Station when a digital communicator,voice communicator,or direct line is installed or when the signals are transmitted to any municipal
police or fire department. Subscriber acknowledges that if Company utilizes a digital or voice communicator for the purposes of transmitting alarm signals from Subscriber's premises to
Company's Central Station,that the signals from Subscriber's alarm system are transmitted over Subscriber's regular telephone service to Company's Central Station,and in the event
Subscriber's telephone service is out of order,disconnected,placed on vacation or otherwise interrupted,signals from Subscriber's alarm system will not be received in Company's Central
Station during any such interruption in telephone service and the interruption will not be known to Company. Subscriber further acknowledges and agrees that signals are transmitted over
telephone company lines which are wholly beyond the control and jurisdiction of Company and are maintained and serviced by the applicable telephone company or utility.
10. FALSE ALARMS. In the event an excessive number of false alarms are caused by Subscriber's carelessness,malicious action,or accidental use of the alarm system,or in the event
Subscriber in any manner misuses or abuses the system,Company may in its sole discretion deem same to be a material breach of contract on the part of Subscriber and,at its option,in
addition to all other legal remedies set forth below,be excused from further performance,upon the giving of ten(10)days written notice to Subscriber. Company's excuse from performance
shall not effect its rights to recover damages from Subscriber. In the event a fine,penalty or fee is assessed against Company by any governmental or municipal agency as a result of any alarm
originating from Subscriber's premises,Subscriber agrees to forthwith reimburse Company from same. In the event Company dispatches an agent to respond to an alarm originating from
Subscriber's premises,where Subscriber intentionally,accidentally or negligently has activated the alarm signal,no alarm condition exists,or it Company makes any service call caused by the
inadvertence or negligence of Subscriber,Subscriber shall pay to Company the sum of Sixty seven dollars and fifty cents($67.50)for each such service call.
Subscriber represents that he fully understands that the equipment,because of its sensitivity and nature,is subject to the influence of external events which are not within the control of
Company and which may cause the alarm to activate. Any and all such alarms which may occur,shall not be constituted as improper operation of the equipment nor as malfunction thereof,or
shall any or all of such alarms excuse any of the obligations of Subscriber as set forth in this Agreement. Subscriber shall pay for all false alarm charges,fees and fines.
11. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agreement may be suspended or cancelled,without notice at the option of Company. If Company's or Subscriber's
premises or equipment is destroyed by fire or other catastrophe,or so substantially damaged it is impractical to continue service,or in the event Company is unable to render service as a result
of any action by any government authority.
12. CHANGE OF OWNERSHIP OF SUBSCRIBER'S PREMISES: Subscriber acknowledges that the gale or transfer of subscriber's premises shall not relieve Subscriber of his duties and
obligations under this agreement. Subscriber may not assign or otherwise transfer this Agreement without the written consent of Company.
13. CHANGE TO THE SYSTEM;COST OF REPAIRS;ADDITIONAL PROTECTION;RISK OF LOSS: The Cost of any changes and variances in the system,as herein contracted for or as
originally installed,made at the request of or made necessary or required by Subscriber's action,or which may be demanded by any governmental agency or insurance interests or inspection
and rating bureau,are to be borne by Subscriber,SUBSCRIBER ACKNOWLEDGES THAT SUBSCRIBER HAS CHOSEN THE SYSTEM AND THAT ADDITIONAL PROTECTION IS AVAILABLE
AND MAYBE OBTAINED FROM COMPANY OVER AND ABOVE THAT PROVIDED HEREIN,AT AN ADDITIONAL COST TO SUBSCRIBER.All risk of loss or damage to the system shall be
borne exclusively by Subscriber whose obligations hereunder shall not be diminished by any such loss or damage.
14, ASSIGNABILITY OF AGREEMENT This Agreement shall not be assigned by either party,except that it shall be binding upon and inure to the benefit at any corporation,partnership,
association,or other entity with which the Company may be merged or consolidated or which may succeed to the assets and principal activities of the Company,or which by reason of
geographical servicing necessitates assignment.
15. INTEGRATION, WAIVER AND PARTIAL INVALIDITY: This Agreement contains the entire agreement between the parties and supersedes all prior oral and written agreements,
understandings,commitments,and practices between the parties. No amendment may be made except by a writing signed by both parties.
No waiver by the Company of any term,provision or condition of this Agreement,whether by conduct or otherwise,in any one or more instances,shall be deemed to be consumed as a
further or continuing waiver by the Company of any such term,provision or condition of this Agreement.
16. SUMMARY OF COMPANY'LIABILITY:Company does not represent or warrant,either expressly or impliedly,that the alarm system may not be compromised or circumvented;
that the system will prevent any loss by burglary,robbery,fire or otherwise;or that the system will in all cases provide the protection for which it is Installed or intended.
Subscriber acknowledges that Company is not an insurer,that Subscriber assumes all risk for loss or damages to Subscriber's premises or to its contents;that Company has
made no representations or warranties,either expressed or implied,nor has Subscriber relied on any representations or warranties,expressed or implied,except as set forth
herein,and Subscriber acknowledges that he has read and understands this entire Agreement,and particularly Section,5,6 and 7 of this Agreement which sets forth the
Company's obligation and maximum liability in the event of any loss or damage to Subscriber.
"BY PLACING HIS INITIALS BESIDE THIS CLAUSE,SUBSCRIBER ACKNOWLEDGES THAT HE HAS READ THIS PAGE AND DISCUSSED THIS PROVISION REGARDING
initials LIQUIDATED DAMAGES AND LIMITATION OF LIABILITY WITH COMPANY'S AGENT AND HAS AGREED TO THE AMOUNT SET FORTH HEREIN."
IV4W
RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT.
Initials
RESIDENTIAL ALARM SYSTEMS.
Initials YOU,THE SUBSCRIBER,MAY CANCEL THIS AGREEMENT AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS
TRANSACTION. MAIL OR DELIVER WRITTEN NOTICE OF CANCELLATION TO PACIFIC ALARM SERVICE,INC.521 WELLWOOD AVE.,BEAUMONT,CA 92223