HomeMy WebLinkAbout458448 FORT COLLINS CHRYSLER - CONTRACT - AGREEMENT MISC - 9951795Mar 19 09 03:40p Alarmspecialists, Inc.
303-986-5900 p.2
-`%i�i]�MSPECIALIS7'3 INC,
CENTRAL STATION MONITORING
AGREEMENT
BY AND BETWEEN:
City of Ft. Collins
Alarmspecialists, Inc. and PO Box SBO
9457 S. University Blvd., #514 Ft. Collins, Co 80521
Highlands Ranch, CO 80126
(Hereinafter referred as "ASP')
1. Installation. ASI agrees to install or cause to be installed and service,
without liability and not as an insurer, during the term of this Agreement,
the protection, hereinafter sometimes referred to as the 'System', set forth
below, at the following location:
Name: Epic Center
Street: 1801 Riverside
CIS1Z: Ft. Collins, Co 80521
Dialer Type: a-MODCOM Start Date: March 19, 2009
2. Type of Monitoring Service: 2417 Monitoring of Security System.
3. Terms and Payment. Subscriber hereby agrees to pay ASI, its agents
or assigns, the sum NIA upon completion of installation, and the sum of
0.00 payable yearly in advance, plus any taxesincluding sales
taxes, fees or charges that are imposed by any governmental body
relating to the installation or service provided under this Agreement fora
period of one year from the date such installation is completed.
Thereafter, and subject to the provisions of paragraph 9 of this Agreement
this Agreement shall automatically renew itself for additional (1) year
periods unless either party shall notify the other, in writing, or its intention
to terminate not less than thirty (30) days prior to the expiration of the
original term or any subsequent renewal period.
4. Entire Understanding. Subscriber acknowledges receipt of a copy of
this Agreement. This Agreement contains the entire understanding of the
parties and supersedes any other oral or written agreement or
representations.
5. Alarmspecialists, Inc. Is Not An Insu for -Liquidated
Damages. It is understood and agreed by and between the parties
hereto that ASI is not an insurer nor is this agreement intended to be an
insurance policy or a substitute of an insurance policy. Insurance, if any,
will be obtained by Subscriber. Charges are based solely upon the value
of the services provided for, and are unrelated to the value of Subscriber's
property or the property of others on S ubscriber's premises. The amounts
payable by Subscriber are not sufficient to warrant ASI assuming any risk
or consequential or other damages to Subscriber due to ASI negligence
or failure to perform. Subscriber does not desire this contract to provide
for the liability of ASI and Subscriber agrees that ASI shall not be liable
for loss or damage due directly or indirectly to any occurrence, or
consequences therefrom, which the service is designed to detect or
avert. From the nature of the services
to be performed, it is impractical and extremely difficult to fix the actual
damages, if any, which may proximately result from the failure on the part
of ASI to perform any of it obligations hereunder, or the failure of the
System to properly operate with the resulting loss to Subscriber. If ASI
should be found liable for loss or damage due to a failure on the part of
ASI or its System, in any respect, its liability shall be limited to the refund
to Subscriber of an amount equal to six (6) times
9457 S. University Blvd., #614
Highlands Ranch, CO 80126
Phone: (303) 986-5900
Fax: (866) 974-9299
(Hereinafter referred to as "Subscriber')
the total monthly charge shown herein. or to the sum of Two
Hundred Fifty ($250.00) Dollars, whichever sum shall be greater,
and this liability shall be exclusive. The provisions of this
paragraph shall apply in the event loss or damage, irrespective of
cause or origin, results directly or indirectly from the performance
or nonperformance of the obligations set forth by the terms of this
contract, or from negligence, active or otherwise, of ASI, its
agents or employees.
6-AS/Liability. ASI does not represent orwarrant that the
System may not be compromised or circumvented; that the
System will prevent any loss by burglary, hold-up, fire or
otherwise; or that the System will In ail cases provide the
Protection forwhich it is installed or intended. Subscriber
acknowledges that ASI is not an insurer, that Subscriber
assumes all risk for loss or damages to Subscribers
premises orto its contents, that AV has made no
representations orwarranties, nor has Subscriber relied on
any representation or warranties, express or Implied, except
as set forth herein and Subscriber acknowledges that
Subscriber has mad and understands this Agreement,
Particularly paragraph 5 above which sets forth ASrs
obligation and maximum liability in the event of any loss or
damage to Subscriber.
SUBSCRIBER (CUSTOMER) ACCEPTANCE:
+ Name%/7i79fCl "A:
TT ) ' Date: ' zc 0
%C/rr'�«x /�r� <'I �l�� �!-(.+6� f%ir., r7�'Tfia..4•,�
ASIACCEPTANCE:
Name:
Signature:
Title: Date:
The terms and conditions on page 2 (of 2) of this Agreement are
incorporated herein and by reference made a part hereof.
7. Subscriber's Responsibility. Subscriber agrees;
(a) TO furnish to ASI in writing on a continuing basis, a list of the names,
tries and residence telephone numbers of all person authorized to
enter the premises of Subscriber during closed periods.
{b) In the case of fire alarm coverage, to notify ASI, in writing, of the
name of and any changes in its fire rating bureau or agency.
Mar 19 09 03:40p Alarmspecialists, Inc.
303-986-5900 p.3
(c) Recognizing that the System is designed to provide coverage based upon
the layout of the premises at the time of installation, to notify ASI
of any alterations, remodeling, or any stock, fixture or structural changes,
and to bear the cost of changes in the System required as a result which
are authorized by Subscriber.
(d) Not to tamper with, disturb, injure, misuse, abuse, remove or otherwise
interfere with said System, nor to permit the same to be done. and to
indemnify and pay to ASI the cost of repair or replacement of any loss or
damage to the System, Including but not limited to loss by fire, earth-
quake, riot. vandalism, flood cr other damage or desbuclion.
(e) To maintain, repair, service and/or assure the operation of any other prop.
erty, system or any device of Subscriber or of others to which the System
may be attached or connected, and to redecorate any portion of
Subscriber s premises affected by the removal of all or part of the System.
(1) To provide uninterrupted 110 Veit A.C. Power at location(s) through
Subscribers meter and at Subscribers expense.
(9) To the extent that the System is under Subscribers control:
(1) To carefully and property set the System immediately prior to the clos-
ing of the premises and carefully test the System, understanding pal
lady that the sensitivity and area of coverage of space protection devices
may change, that ASI is unable to detect such changes, and. accordingly,
that walk tests in the area or areas of such coverage are necessary to
insure that adequate sensitivity is maintained.
(2) To turn off or remove all things which are the source of air turbulence
or a movement which may interfere with the effectiveness of the System,
and particularly space protection components of the System, during
dosed periods while the System is on.
(3) To refrain from causing false alarms through the carelessness of
Subscriber, failure to maintain the premises in a suitable and safe condi-
tion, or the malicious or accidental use of the System, and to reimburse
ASI for payment of any false alarm fine, penalty, or fee assessed against
ASI by any governmental or municipal agency as a result of such false
alarms and, in addition, to bear the expense of the cost of any ASI
response to such false alarms.
8. Subscriber Authorizations. Subscriber hereby authorizes and empowers
AS/, its agents or assigns to:
(a) Install and service the System and in so doing, to make any necessary
inspections, tests (where feasible), changes and repairs as required.
(b) Detain and/or report to the proper authorities any person or persons, on or
about the premises not authorized by Subscriber to enter the premises of
Subscriber during the scheduled closed periods, and in such case,
Subscriber agrees to indemnify and to hold ASI harmless against any
liability or expense resulting from such action on the part of ASI or its
representative in carrying out the aforesaid instructions.
(c) If key or key vauff service is provided, enter the premised of Subscriber in
the event of en emergency occurring during periods of Subsoibers appar-
ent or actual absence for the purpose of making emergency repairs to the
System and/or acting as Subscriber's agent in taking any action
necessary in ASI'sjudgmenl , and further to provide emergency repairs or
to authorize emergency repairs to be made by others at Subscribers
expense.
(d) In the event of any default by Subscriber, or upon any temlinabon of this
Agreement, enter the premises where the System is located for the pur-
pose of removing all or part of the System.
9. ASI Responsibility. ASI agrees to, without warranty, make every
reasonable effort to:
;a) Upon receipt of a signal which in the best judgment of ASI is a burglar
alarm signal, transmit the alarm to the Public Police Department and to
notify Subscriber or the designated representative, by calling the tele-
phone number supplied to ASI in writing by Subscriber.
(b) Upon receipt of a signal which in the best judgment of ASI is a holdup
alarm signal, transmit the alarm to the Public Police Department.
(c) Upon receipt of a signal which in the best judgment of ASI is a sprinkler
signal, water flow signal, manual or automatic fire alarm signal, transmit
the alarm to the Public Fire Department and to notify Subscriber of the
designated representative by calling the telephone number supplied to
ASI in writing by Subscriber.
(d) Upon receipt of a signal which In the best judgment of ASI is a monitor
signal, notify Subscriber or the designated representative by calling the
telephone number supplied to ASI in writing by Subscriber.
(a) Upon receipt of a signal which either pursuant to the System rating
requires or pursuant to the best judgment of ASI, makes it necessary Or
desirable, dispatch ASI representahve(s) to the Subscribers premises.
10, Increase In Taxes, Utility Charges or Monthly Service.
(a) All charges set forth herein are based upon existing Federal, state and
local taxes and utility charges, including, but not limited to telephone com-
pany line charges. ASI shall have the right, at any time, to Increase the
charges provided herein. to renect any additional taxes, fees or charges
which may hereafter be imposed by any utility or governmental agency.
relating to the installation or Service provided under the terms of the
Agreement and Subscriber agrees to pay the same.
(b) Notwithstanding the terms and conditions set forth herein, after the
expiration of one (1) year from the date of completion of Installation, ASI
may, at any time, increase the monthly service charge upon giving
Subscriber notice in writing. In the event Subscriber shall be unwilling to
pay the Increased monthly charge. Subscriber may terminate this
Agreement upon giving notice in writing to ASI within thirty (30) days
from m0elpt of ASf notice, provided Subscriber shall not be in default of
any of the terms and conditions of this Agreement. Failure to notify AS!
within said thirty (30) days will constitute Subscribers consent to the
increase and all ofthe other tones and conditions of this Agreement shall
remain in full force and effect.
11. Suspension or Cancellation of this Agreement
(a) ASI assumes no liability for delay in installation or equipment, or for
interruption of service, however caused, Including delay or interruption
due to strikes, riots, floods, storms, earthquakes, fires, power failures,
insurrection, interruption or unavailability of telephone service, acts of God
or any other cause beyond the control of ASI and will not be required to
supply service to Subscriber while interruption of service, due to any such
cause shall continue.
(b) This Agreement may be suspended or canceled, without notice and with-
out liability or penalty, at the option of ASI, in the event ASI Central
Station, connection wires or other equipment are destroyed by fire, other
catastrophe or am so substantially damaged that it is impractical to
continue service, or in the event that ASI is unable to either secure or
retain the connedlons or privileges necessary for the trammission of ell
nals between Subscribers premises and ASI Central Station or between
the Call Station and the Public Police or Fire Department for any
reason whatsoever.
(c) This Agreement may be suspended or canceled by Subscriber upon writ.
ten notice at any time in the event that Subscriber's premises are
destroyed by fire or other catastrophe or are so substantially damaged
that it is impractical to continue service. Any advance payments made by
Subscriber to A& for services which would have been rendered during
such suspension or subsequent to such cancellation shall be refunded
by Subscriber.
12. Default or Termination, In the event Subscriber defaults in the perfor-
mance of any of the terms or conditions of this Agreement, including the
Failure to make any payment as agreed herein, the balance of the monies
due for the unexpired term of this Agreement Shall become immediately
due and payable at the option of ASI. In addition, Subscriber agrees to
pay ASI all sums to which ASI may be entided under the law by virtue of
said default, including reasonable attorneys' fees. At its sole discretion,
ASI may cancel this contract with thirty (30) days written notice to
Subscriber.
13. Subrogation. Subscriber does hereby for Subscriber and any parties
claiming under Subscriber, release and discharge ASI from and against all
hazards covered by Subscriber's insurance, and all claims against ASI
arising out of such hazards, including arty right of subrogation by
Subscriber's insurance carder, are hereby waived by Subscriber, and
Subscriber shall promptly so notify its insurance carrier
14. Third Party Indemnification. Wnen Subscriber has persons, or the
Property of ethers on the premises, or the System extends to protect prop-
erty of others, Subscriber agrees to and shall indemnify, defend and hold
harmless ASf, Its employees and agents from and against all claims
brought by parties other than the parties to this Agreement. This provision
shall apply to all claims regardless of cause, Including ASf performance or
failure to Perron and including detects in products, design, installation,
maintenance, operation or non -operation of the System, whether based
upon negligence, active or passive, warranty, a strict or product liability
on the part of AV, its employees or agents, but this provision shall not
apply to claims for loss or damage solely and directly mused by an
employee of ASI while on Subscriber's premises.
15. Assignment and Subcontractors. ASI shall have the right to assigd this
Agreement to any other person, firm or corporation without notice to
Subscriber, and shall have the further tight to subcontract any installation
and/or services which it may perform. Subscriber acknowledges that this
Agreement, and particularly those paragraphs relating to ASImaximum
liability, liquidated damages, disclaimer or warranties and third party
indemnification inure to the benefit of and are applicable to any assignees
and/or subcontractors of ASI, and that they bind Subscriber with respect
to said assignees and/or subcontractors with the same force and effects
as they bind Subscriber to AS/. Page 2 of 2
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TIME 03/20/2009 1.3:21
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Highlands Raivich, CO 80120
fPltolisf! (303) 3t3M 6900,
ray. (966) 974-9299
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AGREEMENT
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1. Ina" finrion_ AsP mjmos to instsll or calmer 10 b5 feelelleci and seriiice,
without liablilty and no as an nsmo, dvi ipy ttre fawn of 0lis AtIno manf,
the prowdlon, herahaher swriewa9 rei`an'rscl to as Onupon scut w ill
Ireiow, at laeP following Inomionc
Ntmem: r.rilc Colitur
?Street; 171Ti1 Fzivecsirly
t"U;i1�C! Y-'$, CuiYFn9, Gdr 9iE4E2'1
f tskir'rype;3-frht)I9CCAR Stare P�` :fdarcdx 99, 2L3(IS
'?. igpe, nP Nlnrtifnrdng .�.'�'ixvlre; Pall faoet[kerrinrr ref (;e}+;¢r%I:p S}r,�,rrt¢.
& Tfarnou aeYr! Pt+yrrrnwt4, 5rubnCno er IreN-bit agri OS 10 pay.eASI, Re agent,
uI'zaao�ir3, dresum �iJjfL upon wonYpletiuu of iru9ollntinr,, pine tivesurn nF
,,,,;�t�i,,(1Q ,haynblrr ger�rly in aoV+anre� tales any taaass, ino!uding snicis
axe, foes or mlwlga; brut nre i,riposed by ony f oveleirmncnt body
reb)tinll le gav [x iallatloa Or sntvlce providrei urrcleI ifbv Agrse olerl9for a
Paden! of one yam ;turn tlrc date such Intamleeoli it,, aorephted.
7herrnitor, arvR :aunleaY (G then plbvlslolre ofgxarrzgraph 9 & ell¢ Aee re2niolo
als ogre asnx<:n9 shrift aufamatlraily ronr1w ifsolf for addJifional (-1) year
p MMS Won either prOy shall OOUfir Mo other, fit wrildp, m IIS iriteloian
to Imulaw nw We Moil iltiny (10) days prior to Oot e;tWirofion M Me
01 ginel Hams or atny suh;;{^rquont lanewal Iprsrlool.
, . AnUre Undar<.,z`andMiI, 5upsoter•.eillt of:a ropy of
ON A.gmerm"rat. Tills Agreernorn remains tftor-ti nni undorslanding of rite
pvnlps end suale0edes ony oVmrutal orv✓dl an or
,�yttr <rl'afi11Y6,
(ooreinafter raterrad to as "w nhfrir€hgr")
Am lotFel monthly olle rge snown heat n, nr (o the swrr n41"vra
Hundretl Filly (41290,00) Dollars, whloliover evnit,liall bo grower,
and this ilablllly shall be eXclusim The provisions of fills
n alog er)h Ahall aral5ly in hre avant one nr danaagp, fratlper.'ri've: of
cojiw orodfiln,rosuftsdinady01in-jifeaevi(on)ihapam�mranr.:a
or noaperfnnlrpncn of the orligtttions ant IWII^ By file, tormr, of !hN
oanllnol, or from nngliyence, artivs at, o11P1' vlhid, of ASL R*
U(cynnfs or mrfiI0yc+)s.
6. fi �d l.falai iffy. 66C,1 t3aars nmC r[spc2rstsrr2 eyr wt5rrar�i idta& tttru
Sye,fx:m rnkey nit 1)3 01'rAil'nbtlreE!rel54eidJ ijintfire
Sys¢ve#r will lvaleone any toav by burglary, n ldaep,'YL or
PltS owlitza; or ittar.'rhe Systom VAN Lx all cam n provide the
prolr,alml lbr which It fw iresCalleq or, InfohaVerf. Oo floor Thar
ntnh ow1odgesUvtAV vs not an insus^rs', 1ha£ Sulnalbor
m9nn)o3 all riFk for loss or dara8fjWl to S ubscrillo ,
prern ltios or to SCY oaloortfa, Cbmt A.'yf bw rnoWi nr)
rue}:rrnssratapinr at, vuawnrair"s, nor tttau Sbdscrilyor tvlloln on
any sr✓pw xmraf-.vC1Ura or wa K} ntfoo, dXiYn&%& 6r Imi)Iod, x=opt.
sr, scf cacti loHn mW Su MMIstur anhnOWIt Cago;r fiat
Sj.Yfx3(rrRbir has ue:ad anCi Undni Ptlnd z thin Apfe,s ivwil,
rr[arCio,r3nrly .parngr:aph 6 abova villinh sets lOrth ASP
abflgation and roauimum tiabittit la the avert bP any posy ov
aanaayye 40 subgodbvr.
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