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HomeMy WebLinkAbout3551 Contract Number: 3551 Vendor: ALARMCENTER INC Subject: Alarm Monitoring Department: Facilities File Class: LEG 12-1 Begin Date: 07/01/1994 End Date: 12/07/2000 Review Date: 02/15/2009 Vault Date: 01/01/2009 Comments: Monitoring Information & Agreement this I'~"~'' day of · ~' ~ ~ ~ l g qq, by and be,ween Ala~ Center, inc., a W.hingi~ This Agreement is made to as 'A~l", and~'1 ~~ hereinafter referred to as "~ub~.~ corporation, hereinafter referred ~ose address ~s: B~el~lt~JllJ ~ Ill ~l'~ ~ ~ PASSWORD or NUMBER 3. 2. _f 3. ( O O , SUN [I]llllt]lill~Jll[l~l *A=AUDIBLE, S=SILENT I ~ COMMERCIAL ~ RESIDENTIAL I I ~ OPEN/CLOSE ~ BY INDIVIDUAL 1. HALER AGREEMEI~I': Subscriber has, or is about ID contract with condition does not exist. ACI shall notify Dealer of each alarm received if ("Dealer")foren alarm Subscriber has submitted a written request to ACl for such notificatioR. system and/or service at the premises indicated on this Agreement ACI may attempt to verify Ihe nature of the emergency by telephoning (hereinafter called "Premises"). Dealer and Subscriber have entered into Subscriber's premises prior to notifying emergency personnel or anyone an Agreement wherein and whereby Dealer will provide monitoring on Subscriber's notification instruclions, services for Subscriber, such services to consist solelyof those described 3. RECEii~r OF COPY: SUBSCRiBER ACKNOWLEDG ES RECEIPT OF herein. Dealer has subcontracted such monitoring services to ACl which A COPY OF THIS AGREEMENT. has a~ireed lo perform the same solely as the agent of Dealer upon the terms and conditions set forth in this Agreement. All moniloring fees are .~I~BSCRIBEI~ HAS READ ANt) UNDERRTANDS ALL OF THIS paid to ACI by Dealer. AGREEMENT, PARTICULARLY PARAGRAPHS 4, 11 AND 12, WHICH SET FORTH ACI'$ MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS 2. MONITORING IERVICEI I=~OVIDED: ACL upon receipt of a OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. SUBSCRIBER signal from Subscriber's premises, shall make every reasonable effort to ACKNOWLEDGES THAT HE HAS DISCUSSED THE UMITATION OF notify the police, fire, or olher authorities and/or the person or persons LIABILITY SET FORTH IN PARAGRAPH 11 WITH OEALER'E AGENT, whose names and telephone numbers are set forth in the notification AND UNDERSTANDS THAT SUBSCRIBER MAY OBTAIN A HIGHER instructions to be completed by Subscriber and submitted to ACI, or as LIMITATION OF ACI'S LIABILITY BY PAYING AN ADDITIONAL PE- same may be changed on written notification by Subscriber from time to RIODIC CHARGE. THE TERMS AND CONDITIONS SET FORTH ON time, unless there is reasonable cause to assume that an emergency THE REVERSE SIDE ARE INCORPORATED HEREIN. DEALER SUBSCRIBER By. X Date By X~K~ ~"~_('~0~. ~L,~ .Date'~.!~ .~.Y AC, APPROVAL By X Date E] Corporation E] Partnership E] Sole Proprietorship Amh~ed 0,~ D Oilier (describe) THII AGR~.~IINT IHALL NOT BE iiii~iJ~G UPON ACI UNLEII APPROVED IN WRITING BY AN OFFICER OF ACI, AlarzzlCc l erlrzc P.O. Box 3401, L.cey, WA 98 03, N.f on-wide -,00-752-24 0. c xc) c. 4. DISCLAIMER OFWARRAWFIER: ACldoesnotrepresentorwarrant: because, of among other things.. (a) The uncedain amount or value of That the monitoring service wftl prevant any ioss by burglary, fire, hold-up or Subscriber ~ property or the property of other kept on the premises which otherwise, or that the monitoring service will in all cases provide the may be lost, stolen, destroyed, damaged or otherwise affected by occur- protection for which it is intended. Subscriber acknowledges and agrees: rences which the system or service is designed to detect or avert; (bi The That ACI has made no representations or warranties, express or implied, as uncertainty of the response time of the police department, fire department, to any matter whatsoever, including without limitation the condition of the paramedic un~t, or others, should the police department, fire department, monitoring equipment, its merchantability or its fitness for any particular paramedic umt, or others, be dispatched as a result of a signal being purpose, n?r has Subscriber retied on any representations or warranties, received,. (c) The inability to ascertain what portion, if any, of any loss would express or implied Subscriber further acknowledges and agrees.. That any be proximately caused by ACI ~ failure to perform or by its equipment to affirmation ol fact or l)romise shall not be deemed to create an express operate,, (d) The uncertain nature of occurrences which might cause injury warranty, andthattherearenowarrantieswhichextendbeyondthefaceof ordeathtoSubscdberoranyotherpersonwhlchthesystemisdesignedto the Agreement hereof. If medical alert monitoring service is provided, detect or avert, (e) The nature of the service to be performed by ACI, ACI SubscdberacknowledgesthatSubscr~)ershouldobtainenylife, medicalor understandsandagreesthatifACIshouldbefoundliablelorlossordamage disability/nsurancelortheprotectionofSubscdberandothers whomayuse due to ACI's negligence, a failure of ACl to perform any of the obligations the system. Subscriber understands that there are alternatives available to herein, or a failure of the monitoring service or the mon/torlog equipment in Subscriber such ~s 9 t I emergency telephone service and Subscriber has any respect whatsoever, ACI ~ liability shall be limited to the sum of Three selected this service w/th a full understandlhg of its limitations and the Hundred Dollars ($300.00) and this liability shall be exclusive,, that the hn?itat/on of ACl'S tiabil/ty. ACI makes no represantation or warranty as to the provisions o/ th/s Section shall apply ~f loss or damage, irrespectiveof cause promptness of ~ts response, and has no control over the response time or ' ' or origin results directly or indirectly to persons or property, from parlor. capability of any agency or person who may be notified as result of the mance or non-performance of the obligations imposed by this Agreement, system being used. Subscriber further understands that ACl, in providing or from negll~fence, of ACI, its agents, assigns or employees. If Subscriber themonitorlogserv/ce, mayfa#toproperlyrespondtothereceiptofasignal wishes, Subscriber may obtain from ACl a higher limitation of liability by from he system or that the system may fail to function propedy. Subscriber paying an additional periodlc service charge to Dealer or ACi, If Subscriber further acknowledges andagrees: ThatACl isnotan insurer; thatSubscriber elects to exercise this option, a rider shall be attached to this Agreement assumes all risk of personal injury and loss or damage to Subscriber's setting forth the terms, conditions and the amount of the higher limited premises or to the contents thereof, liability and the additional periodic charge Such rider and additional S. ACI'S OBLIGATION: Subscriber and ACI agree that ACI's sole and °bligation shell m no way be interpreted to hold ACl as .~n insurer. °nlyobligationunderthisAgreementand/orunderanyagreementbelween 12. THIRD PARTY INDEMNIFICATION.. When Subscriber in the Su bscdber and Dealer, shall be to monitor signals received from the alarm ordinary course has other persons on his premises or the property of other system and to respond thereof as set fodh in Section 2. ACI shall not be inhiscustody, orthealarmsystenrextends toprotectthepropertyofothers, obligated ~o prowde monitoring service until it has received: (ii a fully Subscriberagreestoendshaftiodemmfy, defendandholdharmlessACl, its executed coPY of Ibis Agreement, (ii) the complet ed notification instructions, ernpioyees and agents, for and against all claims brnught by parties other and (iii) valid test signals from Subscriber's alarm system than the parties to this Agreement Thisprovisionshallapplytoaftclaims, demands, or lawsuits, regardle,ss of cause including ACI's performance or 6. SUBSCRIBER'S DUTIES,, Subscriber shall carefully and properly fafturetoperformanyoftheobligationsherein, ACl'snegligence, orafailure test and set the alarm system immediately' prior lo he securing of the ofthemonitoringequ/pmentorservice, whethertheseclaimsbebasedupon premises and carefully test the signal system no less than monthly during the negligence, express or implied warranty, contribution, mdernn fications, or term of Ibis Agreement, and notify Dealer promptly if service is required. Subscriber agrees to furnish ACl or Dealer forthwith a written list of the strict or product liability on the part of ACI, its employees or agents. names, addresses, telephone numbers and signatures of all persons ¶3. SUBROGATION: So far as i~ is permitted by Subscriber's property authorized to enter the Premises or be notified in the event of an alarm, and insurance coverage, Subscriber hereby releases, discharges and agrees to for commercial systems a daily and holiday opening and closing schedule, hold ACl harmless from any and all claims, liabilities, damages, losses or All changes, revisions and modifications to the above shall be supplied to expenses, arising from or caused by any hazard covered by insurance in or ACI in writing Subscriber shall secure and maintain all licenses or permits on the Subscriber's premise whether said claims are made by Subscriber, that may be necessary from governmental or insurance authorities for the his agents, or insurance company or other parties claiming underor through continued monitoring and use of the alarm system(s). Subscriber, Subscriber agrees ~o indemnify ACI against, defend and hold ACl harmless from any action for subrogation which may be brought against 7'TERMOFAGREEMENTiDISDONNECTION:ThisAgreementshall AClbyany~nsurerorinsurancecompanyor sagenso assigns including continue for as long as Dealer contracts with ACI for the pedormence of the payment o all damages, expenses, cosls and attorney's fees Sub- monitoring se~ices for the Subscriber. In the event that Dealer notifies ACI ol its terminalion of service for the Subscriber for any reason, or in the event scriber shall notify his insurance carner of the terms of this provision. lhat Dealer fails or ~efuses to make payments for services furnished or to be 14. MMITATION ON ACTIONS; WAIVER OF JURY TRIAL: Both furnishedtosobscriber byACI, ACIwillgive Subscriber at least five(5) days padies hereby agree that no suit or action lhat relates in anyway to this written notice of termination ot such services to Subscriber and, upon giving Agreement (whether based upon contract, negligence or otherwise) shall such notice, this Ag reement and all of ACI's responsibilities hereunder shall be brought against the other more than one (1) year after the accrual of the come to an end and neither pady hereto shall have any claim against the cause of action therefor, In addillon, both parties hereby waive any rights olher for any further obligations. Upon termination of this Agreement for any to a jury trial in any judicial action brought by eilher party which relates in reason, Subscriber agrees to permit ACI to discontinue monitoring and anyway to this Agreement (whether based upon contract, negligence or further permil eilher AC I or Dealer to enter upon Subscriber's premises and otherwise). disconnecl Subscriber's system from ACI's m,o~itoring nohvork. 1S, IUIS~RIBER Il NOT A THIRD PARTY BENEFIOIARY: 8. INTERRUPTION O~ EERVICE: ACl assumes no liability for inter- Subscriber acknowledges and agrees that he is not a third party beneficiary ruption of monitoring service due Io strikes, riots, floods, storms, earth- to the Master Dealer Monitoring Agreement entered in~o between ACt and quakes, fires, power failures, insurrection, inlerruption, or unavailability of Dealer, lelephone or radio signal transmission service, acts of God, or for any other cause beyond /he control of ACI, and ACl will not be required Io supply IS. FALSE ALARME: PERMIT FEES: in the event an excessive monitoring service to Subscriber while any such cause may conlinue. This number of false alarms are caused by Subscriber's and/or Dealer's care- Agreemenl may be suspended al ACt's option should the alarm system, lessness, malicious action, accidental use of the alarm system, or equip- Subscriber's Premises, or ACI's monitoring facilities become so substan- menl malfunclion, or in the event Subscriber in any manner misuses or t ially damaged that fu rth er se,vice is impractical, abuses the system, ACI may in its sole disc re on deem s ama Io be a mater al breach of this Agreement and at ils op ion in addition lo all other legal 9, SUSPENSION OR CANCELLATION OF THIS EYETEM: This r~r~edies available to ACl, be excused from further pedormance upon the Agreement may be suspended or cancelled, withou no ice A ' ' , . . at the option of g~v~ng of five (5) days written notice ~o Subscriber and Dealer. Subscriber C I, if ACl s or Customer s premises or equipment are destroyed by fire or agrees to pay any false alarm assessments, laxes, fees, or charges relaling oiher calastrophe, or so substantially damaged Ihat it is impractical to to the monitoring services provided pursuanl to Ibis Agreement. continue service, or in the event ACl is unable to render service as a result of any action by any governmental authority or utility, 17. ENTIRE AGREEMENT: This writing is intended by the parties as a final expression of their agreemenl and as a complete and exclusive 10. TRANSMI$$10N LINES.. Subscdber acknowledgesthalthesignals statementofthetermsthersof. THISAGREEMENTCANNOTBEAMENDED. from Subscriber's alarm system are transmitted over Subscriber's regular lelephone service to ACI's central station, and in the event Subscriber's ALTERED OR MODIFIED BYANYAGREEMENTENTERED INTOBETWEEN DEALFR AND SUE[S(~RIBER AC!'S DUTY AND OBLIC,?IOH TO PROVIDE telephone service *soul of order, disconnected, placed on vacalion, or MONITORING SERVICE TO SUBSCRIBER ARISE SOLELY FROM THIS olherwise interrupted, signals from Subecriber*s alarm system will nol be AGREEMENT ThisAgreemenlsupersedesallprior representations,under. received in ACI's central sea on during any such interruption in telephone standings or agreemenls of the padies and that padies rely only upon the service and the interruption may not be known to ACl. Subscriber fudher cenlents of this Agreement in executing it. This Agreement can only be acknowledges and agreesthaHelephone COmpanylinesarewholly beyoud modifiedbyawritingsignedby he Partiesor theirdulyauthorizedagant. No thecontrolandjurisdiclionofAClandaremaintainedandservicessolelyby waiver of a breach of any term or condilion of this Agreemenl shall be Ihe applicable telepbone company If radio signal transmission is ulilized, construed lo be a waiver of any succeeding breach. The parties agree that Subscriber acknowledges that radio signal transmission is subject to this Agreement is to be pedormed in and shall be governed by Ihe laws of environmental factors, both natural and man-made that are wholly beyond the State of Washington, Ihe control of ACI Use of radio frequenc es are controlled by he Federal Communications Commission (FCC and changes in rules, regulations and 18. INVALID PROVIDIOHS: In the event any provisions ol ~his agree- policies may necessi/ale discontinuing or changing such transmission rnant is declared to be invalid or inoperative all the remaining ~erms and facilities , provisions shalt remain in full force and effect, 1t. ACl IS NOT AN INSURER; LIMITATION OF LIABILITY,, 19. ASSIGNMENT:ThisagreementshallbefullyassignablebyACionly. Subscriber agrees that in consideration of the operation of the monitoring ACl shall provide Subscriber with fifteen (15) days advance notification of facility by ACI: That ACl is not an insurer; that insurance, if any, shaft be any such assignment to ano her a arm center, Subscriber agrees that the obtaloedbySubscr~ber;thatAClmakesooguaranteeorwarranty, including prov sions of this agreement shall hind the subscriber to any such assignee any irnpfted warranty of merchantability or fitness for a particular purpose of AC I. that the services and equipment supplied wilt avert or prevant occurrences or the consequences therefrom which the service and equipment is de- ~0. VENUE: Venue in the case of any dispute under this agreement shall signedtodetectoravert. Subscriberacknowledgesthatftisimpracticaland be in Thurston County, Washington extremely difficult to fix the actual damages, if any, which may proximately 21. ATTORNEy's FEES AND COSTS, In the case ol any dispute result from ACl's negligence, a failure of ACl to perform anyofthe obligations · herem,~ncludmgbutnotl/mrtedto, faftureofthemooftoringserviceand/or entilled to reasonable a , .... hereunder which resole in litigation or arbitration, the prevailiog party shall be ~omtor~ng e~fu~pment to properly operate with a resulting loss to Subscriber ttomey s tees and costs ot suit c 14 (R~VERS~)