HomeMy WebLinkAboutALARMSPECIALISTS INC - CONTRACT - AGREEMENT MISC - CENTRAL STATION MONITORING AGREEMENTMar 19 09 03:40p Alarmspecialists, Inc.
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9457 S. University Blvd., #514
Highlands Ranch, CO 80126
Phone: (303) 9865900
Fax: (866) 974-9299
CENTRAL STATION MONITORING
AGREEMENT
BY AND BETWEEN:
City of Ft. Collins
Alarmspecialists, Inc. and PO Box 580
9457 S. University Blvd., #514 Ft. Collins, Co 80521
Highlands Ranch, CO 80126
(Hereinafter referred as "ASI")
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
CISIZ: Ft. Collins, Co 80621
Dialer Type: 3-MODCOM Start Date: March 19, 2009
2. Type of Monitoring Service: 24I7 Monitoring of Security System.
3. Terms and Payment. Subscriber hereby agrees to pay ASI, its agents
or assigns, the sum $N-{4 upon completion of installation, and the sum of
$ 360.00 payable yearly in advance, plus any taxes: including sales
taxes, fees or charges that are imposed by any governmental body
relating to the installation or service provided under this Agreement for a
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 orwritten agreement or
representations.
S. Alarmspecialists, Inc. Is Not An Insurer- 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 orthe property of others on Subscriber's premises. The amounts
payable by Subscriber are not sufficient to warrant ASI assuming any risk
of 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 property 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
(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. ASI 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 all cases provide the
protection for which it is installed or intended. Subscriber
acknowledges that ASI is not an insurer, that Subscriber
assumes all risk for loss or damages to Subscriber's
premises or to its contents, that AS! has made no
representations orwarranties, nor has Subscriber railed on
any representation or warranties, express or Implied, except
as set forth herein and Subscriber acknowledges that
Subscriber has read and understands this Agreement,
particularly Paragraph 5 above which sets forth ASPS
obligation and maximum liability in the event of any loss or
damage to Subscriber.
SUBSCRIBER (CUSTOMER) ACCEPTANCE:
'Name: 'A1,
Signatur
T i Date:
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ASI ACCEPTANCE:
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,
titles 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 or other damage or destruction.
(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,
(Q To provide uninterrupted 110 Volt A.C. Power at location(s) through
Subscriber's meter and at Subscriber's expense.
(g) To the extent that the System is under Subscribers control:
(1) To carefully and properly set the System immediately prior to the clos-
ing of the premises and carefully test the System, understanding particu-
larly 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 ail 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 govemmentaJ 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
ASI, its agents or assigns to:
(a) Instal 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 vautt service is provided, enter the premised of Subscriber in
the event of an emergency occurring during periods of Subscribers appar-
ent or actual absence for the purpose of melding emergency repairs to the
System and/or acting as Subscriber's agent in taking any action
necessary in ASI's judgment , and further to provide emergency repairs or
to authorize emergency repairs to be made by others at Subscriber's
expense.
(d) In the event of any default by Subscriber, or upon any termination 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 AS/ 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.
(e) 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 representabve(s) to the Subscriber's 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 ume, to increase the
charges provided herein, to reflect any additional taxes, fees or charges
which may hereafter be imposed by any utility or govemmental 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 oortdWons 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 receipt of ASI notice, provided Subscriber shall not be in default of
any of the terms and conditions of this Agreement Failure to notify ASI
within said thirty (30) days will constitute Subscribers consent to the
increase and all of the other terms and conditions of this Agreement shall
remain in full force and effect.
11. Suspension or Cancellation of this Agreernerm
(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 AS), in the event ASI Central
Station, connection wires or other equipment are destroyed by fire, other
catastrophe or are so substantially damaged that it is impractical to
continue service, or in the event that ASI is unable to either secure or
-,retain the connections or privileges necessary for the transmission of sig-
nals between Subscriber's premises and ASI Central Station or between
the Central 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 ASI 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 ASt may be entitled under the taw 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 any right of subrogation by
Subscriber's insurance carrier, are hereby waived by Subscriber, and
Subscriber shall promptly so notify its insurance carrier.
14. Third Party Indemnification. When Subscriber has persons, or the
property of others on the premises, or the System extends to protect prop-
erty of others, Subscriber agrees to and shall indemnify, defend and hold
harmless ASI, 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 ASI performance or
failure to perform and including defects in products, design, installation,
maintenance, operation or non -operation of the System, whether based
upon negligence, active or passive, warranty., or strict or product liability
on the part of ASI, its employees or agents, but this provision shall not
apply to claims for loss or damage solely and directly caused by an
employee of ASI while on Subscriber's premises.
15. Assigrunent and Subcontractors. ASf shall have the right to assign this
Agreement to any other person, firm or corporation without notice to
Subscriber, and shall have the further right to subcontract any installation
and/or services which it may perform. Subscriber acknowledges that this
Agreement, and particularly those paragraphs relating to ASI' maximum
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 ASI, Page 2 of 2