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HomeMy WebLinkAboutE3 solutions, inc - Fire alarm system Monitoring Naches Water Treatment PlantE3 Solutions, Inc. ont K% PO Box 72 F3S011-97111I Yakima, WA 98907-0072 (509) 452-0240 * (866) 452-0240 QTY DESCRIPTION 1 Fire Alarm Monitoring 7AT City of Yakima Accounts Payable 129 N. 2nd Street Yakima, WA 98901 Neches Water Treatmen Plan 40,00/mo. OPTIONAI. SERVICES: Monitoring (I') ("SFr( ( ) Burglary LL Fire ( ) Supervisory ( Duress ) Other .Maintenance WI (Mt) nspections { Frequency (A) (S) IQ) CALI Openingsftlosing Logging I I Reports ( Supervised ( Schedule. t -----,_-_-_-___.---------- igraarliVe, IQ Monthly Quarterly SAnnually Annually I UNDERSTAND IDE SERVICES WHICH WILL RE PROVIDED '110 NIE RV WIRT CDECNED ABOVE„ / C11S1,1111101 50% of $ please refer to attached proposal if applicable) upon acceptance of this proposal. and the balance iae NiA payable L:poi completion of installation lquipment 111ronairt the properly Of E3 Soli.Mons„11. 11111 payment is inade in full As a precondar on to the ..tettvation of the system and/or optional servmes as stated„ total sum 11105i he paid in full l.11fle.S.ti vrie 01.1.1erWi551 Oil this agreement Customer also apiece TO pay 48000 annually for ;any upLional services stated: in advance, for 'a term of 12 months which zit:Rot-mutually renews .limwolly unless lerminaled lay, either party upon written notice a.t least Sixty 11155 prior to the anneversary date, The time period 111 thts paragraph most he strictly eomplred sills If any modifications to system as stated above are neeessaated., both parues NV111 agree in writing. E..3 Solutions, Inc assumes no I rabil ny or costs Which are not specifically stated as parr of this om(raeL and directly assoctated with services rendered hercin„Any concerns the customer has about the liable wuover, wilt be wiatton as pan of [his contract, or is no( solid, The customer i!4rees to pay, tn addition to the charges stated ahove, any .false alarm 3SSCSSillentStaxes., permits, fees,: or charues not stated abovethat arc imposed by 5115 governmental r,ody, t,I 51111,10 any services stated herein „Any eharges to Er3 SciBuonns, Inc 16r facilities required liar transmission or charges from 7.,:cessi5e alarrn transmissions of signals under this ay -cement vvol) 5115 be paid by the customer F.3 Solutions, Inc has the ight to increase the optional services charges to offset inflation or other charues 1115 iecesslEaLI:d upon. the anntversar,y date of this aureemern Customer haw img requested the equipmenUsery rues specified in this agreement, owls or is authorized fo make, this agreement hinding,. and authorizes F3 Solutions. Inc and Is represem.ailves Lo carry nut the installation 30.i.J/Cif SCINICTS ati Slated abOVe. COM pl 41no.: with .•.111 laws, codes. and regulations pertaimpg to stated ,:V.Iipment.„ and/or servieLfs will be mei by both primes It is understood that E3 Solutions, Inc., is not an insurer, and that insurance, if any ,shall be obtained by the customer. Any amounts being paid to E3 Solutions, Inc. .iirr for the value of services being tendered by this agrtelWrit. If for any reasons damages are. iiicurred by a n.y negligence of 13 Solutions, Inc. or its agents, its liability shall he limited to SI00.00 as the agreed upon damages and not tts a penalty. Ni suit or action shall he brought against E3 Solutions, Inc, later than ill year After the accrual of ihr CallSe, and limits of liability will again l,e. limited to SI oomo per occurrence, per project, In the event any person, not a party to this agreement, shall make any claim or file any lawsuit against 1113 Solutions, Inc, for failure of its equipment or service in any respect, customer agrees to indemnify and hold E3 Solutions. Inc, it .officers, employees and subco tractors harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorney's fees. DritisEbere,. By sa,...4T .eshhc. 11u5100 S 'gnat Title cad both sides ()Obis agreement and understand it to its lull exterth (-)D This agreement us no. bu51d1112 IMICSS approved in writing by an authorized representauve In the event 11 failure (Watch approval., the only I tabilny of E:_t solusoriis [roe will be (0 (vita"( IIllI1511IS5011(1tlIi amour11r. if any, paid upon sign tiig of this agreement „..r.„ Approved by 4:4 Dale „Ink '9 2(1).5 Inc., and agreed third party n117ni understands that TERMS AND CONDITIONS TION SERVICES Shall be provided by a " e r Its intents. f.t. stOInCr is aw', m dialerlco nlmun icator cannot LOII11101 I3 —WARRANTY — The warranty of Equipment - ( I) nnc Labor — (90) ninety days fret Conditions not c levered by wan:anty are: A — Damage customer to properly follow operating instructions provided necessitated by misalignment of equipment for ',my reason wlv It IS also understood, that any warranty work will he performed dttrillc Friday-, excluding, holidays. Any work perharmcd outside ofthese tunes are sun Tabor. The panes acknowledge t. at e}° Iarrvc negotiated this pr�rvi.sfon. INITIALS: _. alntenil11.1: a m the euso u AM to MO P\1. 2ulda' than one and one-half of normal.charges liar labor. -)nit indcrsuacrci ltlat <. 1) — (`r',N('E;L[ATION — Cancellation. oftk notice_ 1fmonitored by third party agency_ it o. 1 communicator e_quipme,nt to reprogram and disable the eommunicatilr°idialer. agreement sill he enforced until such Little that tlt,cess is granted. n and lnstalla it1n, not. 1:0 i'X C d 1 c meutu fitcftlrcl=s tv°11`r illt�' acelderlts. aels c1f God, a sine:s- d lea [pi y rn;iintenttricc aork will „Any work performed aut id F —Ii'a trld cl'1 F — In thcev° said eciuit` a-tn 3-Terminate the coral-- n he° detenlo iahle or accountab or at a d to the ti111c)sslna.o date 1 powers or true the phone scrl°tce. ANI to is 01) P111, Monday through side of this ticreen'lent, h:d 4oltt1°iotas. Ines ag,rc s to provide treaty ntainter an e and repair due to d due to any reason, Cnstotut ornlal business hours. Thcs Ihjec,t to ;i charge of not less dam, red du fed on the reverse side., can be cancelled sv a11.1:11. in acd agent to ginT tics.ess to the eon111 1'the ten- 1.0 i. inditious o rr onnittlan'4't :10017d;Yn-Cx ritsrvL described ur1 reserse sislc with cfltarg s I e h1 in equipment. will he al no fault ofscller, and repal rk or iny` inst,i1!'al'on liar said customer, 1-Pursue any other rented v at lay now or. 5-1iring Suit fear ary' unpaid arlEiatrtits) due 1rn the collet this rlurcement .•cr shall he delinquent in Me patirit e n the maximum amount whicper month it due. to iraelude but not limited to any tlttomeys lees The customer shall pay c3 Solutions t. t due hereunder received by e3 Solutions 'Inc, after the relate on Whi1h such payment is due as agreed upon rred at the nol•Ol pUr'sue d tc vhe.n due shall give d're law. Customer a. 1 — I`hi°s a 1ecieut is Z74Tt tassif>raahie b lhi 1 uslorra r ex shall have the right to asslgrl this agreement or to subcontract e3 Solutiials shall b4 in uo van, antl is agreement, Cust remov;,l'1 of the system fionl fhc premise, and rep,li lrr they event sr, sllal% 6» hr th A'file reread C oun1V, le nc'eC53i1 ere instal d to repair% restore or rode ortne- the premises ilt the, e c,lcascs c.3 Solutions Inc, from all lose. damage ai real pros r g MA. d I'the Ind to pursue tent of e,d to the ACS284536 1'.rei'C tl E-marl Address July 20 25 'Subset iber " whose address is. WA 21p Code 96905 Site Phone Number 509-575-6177 called prior to dlspalchrng author -lies, Addi to be caked prier to dispatch, T'he 1 sl number sh Use extra sheet d needed Calls prior to PHONE NumE3E.R 50'9-575-6177 e cher, N„mt, 509-575-6154 Cie Phone Mambo "'ASSerdee id NUMBER ' erseim er 0' 12 c'hareder_M Qnit© ng rnl orma DATE & SUBSCRIBER INFORMATION: Acc ion Agreemen T Agreement is made rid between Alarm„ Center Inc a. Washington corperatlon, hereinafter referred to as'ACC, and City of Yakima - Naches Water Treatment hereinafter referred to I�r ddass 6390 Highway 12 City_ Yakima NOTE Provide 2 phor (heck "Gall Pryor" box if phone of the pri0perty owner NAME (?,ease wood 24 Hour Contact Backup Number PASSCARO LIST: r"":A? sword Phut. Password stint. twtm be SPECIA reri135e5. boi sewor 1 taint. Password Hint eilil ere SriA BUSINESS HOURS: PANEL MAKE &MODEL: OPEN OTHER ZONE IDENTIFICATION: cnna- trn DENKENVE Hit 'DA OPEN and numbers can ov Fisted the 2nd should be the ft apply only to burglar alarm signals. PASSWORD imam 5e'f Ofr tee GFAIE Iwi51 Ai5e e1zfra 6Pi0e3 if ht xrllxmur„ 1 'f2 Gamewell GFSC15 wtTelguard TG-7 'A�ALIDIBI.-E, s-slLENT BCD ond- ,TA3€:. ..ion A,'S' ERCIAL RESIDENTIA beSCRinT,Cart 1, DEALER AGREEMENT; Subscriber has. or ES about to contract with e3 Solutions, Inc_ C'Dealer`) for an alarm system and1©r service at the premises indicated on this Agree- ment(hereinafter called 'Premises') Dealer and' Subscriber have entered in#o an Agreement wherein and whereby Dealer will provide. monitoring SecYlees for Subscriber, such services to consist solely of those deserdbed herein Dealer has subcontracted such monitorrna services to ACI which has agreed to perform the same solely as the agent 6f Dealer upon the terms and conditrors set forth rn khis Agreement. All monitoring lees are paid to ACI by Dealer 2^ MONITORING SERVICES PROVIDED: ACI, upon receipt of an alarm signal from the customer's premises, and prior to notifying the au.thonlies, shah attempt to verify all signals in accordance wilt] current Industry and lurr sdiclional standards, or as may be required by a jurlsdiclldnal ordinance If, after comeleting this verlfrcarlon process. the alarm stynal Is not verified DEALER By X ACI APPROVAL By ALhroderd Odom Date 7/29/2025 Date OPEN/CLOSE []BY INDIVIDUAL] Curet, < ,Atk° as false, ACI will make every reeocsnable efforttcrrsofify the authervties and/ ©r'the person or persons whose names and to ephone numbers have. been provided In writing by the alarm dealer or alarm dealer's subscriber 3. RECEIPT OF COPY. SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREE-, MENT, PARTICULARLY PARAGRAPHS 4, 11 AND 12, WHICH SET FORTH ACI"S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE- SUBSCRIBER ACKNOWLEDGES THAT HE HAS DISCUSSED THE LIMITATION OF LIABILITY SET FORTH IN PARAGRAPH 11 WITH DEALER'S AGENT, AND UNDERSTANDS THAT SUBSCRIBER MAY OBTAIN A HIGHER LIMITATION OF ACTS LIABILITY BY PAYING AN ADDITIONAL PERI- ODIC CHARGE, THE TERMS AND CONDITIONS SET FORTH ON THE REVERSE SIDE A. INCORPORATED HER THIS AGREEMENT SHALL NOT BE BINDING UPON ACI UNLESS APPROVED IN WRITING BY AN OFFICER OF ACI, AlarrnCenterInc. PO Box 3401, Lacey, WA 98509-3401, Nation-wide 800-752-2490 4a,eatenCw=rr^, eer ;x, MelerCC vn :ON NOI1f11OSdN p prcfec under. emergency telephone serh+te°e a a full understanding of its limiia 4, DISCLAIMER OF WARRANTIES; AC( does not tecresent o warrant. That the monitoring seance wilt prevent any loss by onto€ar'y, fire ,hold-up rrr otherwise, or that the monitoring service will in all cases provide lire prctter- tion for which it is intended Subscrtberacknowledges and agrees That ACI has made no representations Vr warranties, -express or im'pfied, as to any matter whatsoever, including without limitation the condition of the monitoring rprnewt. its merchanfablrfy or Illness for any particular purpose, norhas b9arelied on arty representations or warranties, express or implied, racknowledges and agrees Thal any affirmation of fact or he deemed to create an express warranty and that there which extend beyond the face of the Agreement hereof, 1iforing service is provided, Subscriber acknowledges fit obtain any life, medical or disability insurance for the rid others who may use the system. Subscriber natives available 10 Subscriber such as 911 fiber has selected this service with he 1d'mitat/on of ACTS Yrabirrty AC1 makes no representation or warranty as fr.t thr3 promptness of ifs response, and has no control over the response trine or 539351lit,y of any agency or person who may be notified as result el the system being used. Subscriber further understands that ACC in providing the monitoring service, may laid to property respond to the receipt of a signal from the system, or that the system may lair to functrcn properly Subscrber further acknowledges and agrees' That ACI isnot an insurer" that Subscriber assumes all risk of personal injury and loss or damage (0 Subscriber's premises or to the contents thereof. 5. ACI'S OBLIGATION, Subscriber and ACI agree that ACI's sole and only obligation under this Agreement and/or under any agreement. between Sub- scriber and Fleeter, shall be to monitor signals received from the alarm system and to respond thereof as set lorth In Section 2 ACI shall not be obligated to provide morn(©ring ser5tce until it has received (I) a fully executed copy of this Agreement, Gil the completed notification instructions, and t nil valid test signals from Subscribers alarm ,system, 6, SUBSCRIBER'S DUTIES: Subscriber shall carefully and property test and set the alarm system immediately prior to the securing of the premises and carefully test the signal system nu less than monthly during the term of this Agreement, and notify Dealer promptly if service is required Sub. scriber agrees to furnish ACI cc Dealer forthwith a written lisl of the names. addresses, telephone numbers and signatures of all persons authorized to enter the Premises or be notified in the event of an alarm, and for commercial systems a daily and hclicay opening and closing schedule. All changes, revisions and rnodifcations to the above shall be supplied to AC1 in writing, Subscriber shall secure and maintain all licenses or permits that may be necessary from governmental or insurance authorities for the continued monitoring and use of the alarm systems} 7. TERM OF AGREEMENT; DISCONNECTION; This Agreement shall continue for as long as Dealer contracts with ACI for the performance of monitoring services for the Subscriber, In the even/ thal Dealer notifies ACT of its termination of service for the Subscriber for any reason, or in the event that Dealer fails or refuses to make payments for Services furnished or to be furnished to Subscriber by ACI, ACI will gIve Subscriber at least five (5) days written notice of termination of such services to Subscriber and, upon giving such notice, th!sAgreement and all orp,C/"s responsibilities hereunder shalt come to an end and neither' party hereto shall have arty claim against the other for any further obligations, Upon termination of this Agreement for any reason. Subscriber agrees to permit ACI to disconliriue monitoring and further permit either AC1 or Dealer to enter upon Subscriber s premises and disconnect Subscriber's system from ACI's monitoring network B, INTERRUPTION OF SERVICE: ACI assumes no liability for interruption ai monitoring service due to strikes. riots, floods, storms, earthquakes, fires, power failures, insurrection, interruption_ or unavailatnlily of telephone, Vo7P, Internet crt(ular GPS. video or radio signal transmission service, ads of God or for any other cause beyond the control of ACI and AC1 will not be required to supply monitoring service to Subscriber while any such cause may continue, This Agreerr ent may be suspended at ACI's option should the alarm system Subscriber's. Premises, or Acts monitoring facilities become so substantially damaged that further service Is impractical 9,, SUSPENSION OR CANCELLATION OF THIS SYSTEM;. This Agree- meal may be suspended or cancelled, without notice at the siphon of ACI. if API's or Customer's premises or equipment are destroyed by fire or other eataslropne, or so substantially damaged that it is impractical to continue service, or in the event ACI is unable to render service as a result of any action by any governmental authority or utility 10. TRANSMISSION LINES; Subscriber acknowledges that. the signals from Subscriber s alarm system are transmitted over Subscriber's regular telephone service to ACI`s Central station, and in the event Su65cnber5 tele- phone service is out of order, disconnected, placed on vacation, or otherwise Interrupted, signals from Subscriber's alarm system will not be received rn ACf s cenlrad station during any such interruption in telephone service and the interruption may not be known to ACI Subscriber further acknowledges and agrees that telephone company limes are wholly beyond the control and jurisdiction of ,ACI and are maintained and services solely by I,he applicable telephone company It radio signal trans.mrssion is utilized, Subscriber ac- knowledges that radio signal transmission is Subject In environmental factors, both natural and man-made that are wholly beyond the control of ACI Use of radio frequencies are controlled by the Federal Communications Commis- sion (FCC) .and changes to rules, regulations and policies may necessitate discontinuing or changing such transmission facilities VolPllnterneUCellular/GPSNideu101her Subscriber acknowledges that it ACI utilizes signal transmission by VolPlinlernet/Celluler/GPSNudeolOther that such transmission is subject to factors that may interrupt signals from Subscribers alarm system and will not be received by ACI during any such interruption in these 'services and may not be known to ACI Subscriber further acknowledges and agrees that signals which are transmitted. over VolP/Inlernet/CellularfGPSNi0ea/Other are wholly beyond the control and jurisdiction of ACI and are maintained and serviced by the applicable service provider Subscriber agrees Io furnish any necessary VolPllnlernettCellutate GPSNideo/Other connections at Subscriber"s own expense. 11. ACI 15 NOT AN INSURER; LIMITATION OF LIABILITY: Subscrber agrees that in consideration of the operation of flit monitoring facility by ACI Thar API is not an insurer; that insurance. if any; shall be obtained by Subscriber, that ACI makes no guarantee or' warranty, including any im- plied warranty of merchantability or fitness fora particular purpose that the servioes and equipment supplied will avert or prevent occurrences or the consequences therefrom which the service and equipment is designed to defect' or avert. Subscriber acknowledges that if is lmprac7Cdl and extremely difficult to fix the actual damages, of any, which may pr'oxirnafely result frorn AC1's negligence, a failure of AC1 to perform any o/ the obligations herein, including but not limited to, failure of the monitoring service and/or monitoring equiprent lc properly operate with a resulting loss to Subscriber because, of among other things, (at The uncertain amount or value of Subscriber`s property or the property of other kept on the premises which may be lost, stolen, destroyed, damaged or otherwise affected by occurrences which -the syslem or service is designed Ie detect or avert, (b) 'The uncertainty o/ the response time or the police department fire department, paramedic unit, or others, mould the police department, fire de,p arfment, paramedic unit or others, be dispatched as a result of .signal being received, ic) The inability to ascertain what portion, it any; of any loss would be proximately Caused by APIs fatfure to perform or by ifs equipment to operate, id) The uncertain nature of occurrences which might cause injury or death to Subscriber or any other person which the system is designed to defect or avert; tee The nature of the service to be performed by AC1 ACI understands and agrees that ftACl shoutd be Found liable (0' loss or damage due toAC'S negligence, a failure of ACI fro perform any of the obligations herein, or a failure of the monitoring service or the monitoring equipment in any respect whatsoever ACTS liability shall be limited to the sum of Three Hundred Dollars ($300,00) and this liability shall be exclusive, Mar the provisions of firs Section shalt apply if loss or damage, irrespective of cause or origin results direcl/y or indirectly to persons. or property, from performance or non-performance of the obligations imposed by this Agreement, or from negligence, of ACI, its agents, .assigns or employees. it Subscriber wishes. Subscriber may obtain from AC/ a higher tirnftatron ofliabilit y by pa ying art additional periodic service charge to Dealer or ACI 11 Subscriber elects to exercise this option, a rider 5ha11 be attached to this Agreement melting forth the terms, conditions and the amount of the higher limited liability and the additional periodic charge Such rider and additional obligation shall in no way be interpreted to hold AC1 as an insurer 12. THIRD PARTY INDEMNIFICATION: When -Subscr'iberin the ordinary course has other persons on his premises or the properly of other in his custody, or ,the alarm system extends 10 ,profecf the property of others. ,Subscriber agrees to and shall indemnity, defend and hold harmless ACd, its employees and agents, for and against all claims brought by parties other than the parties to this Agreement This provision shall apply to air claims, demands, ar lawsuits, regardless of cause including ACPs performance or failure to perform any of the obligations herein. ACI's negligence, ore failure of the monifoangequipment orservice, whether these claims he based upon negligence, express or implied warranty, contribution indemnifications or strict or eroded liability on the part of AC?, lt5 emproyees or agents 13. SUBROGATION: So far as it is permitted by Subscriber's property insurance coverage, Subscriber hereby releases o(scharges and agrees to hold ACI harmless. frier' any and all claims. liabilities, damages, losses or expenses, arising from or caused by any hazard covered by insurance in or on the Subscriber's premise whether said claims are made by Subscriber, his agents, or insurance compenyor other parties claiming under or through Subscriber Subscriber agrees to indemnify ACI against, defend and hold ACI harmless from any action 'for subrogation which may be brought against AC1 by any insurer or insurance company or its agents or assigns including the payment of all damages, expenses, costs and attorney'sfees Subscriber shah notify his insurance carrier of the tones of this provision 14. LIMITATION ON ACTIONS; WAIVER OF JURY TRIAL: Roth parties hereby agree that no suit or.actipn that relates in anyway to this Agreement (whether based upon cnnlract negligence or otherwise) snall be brought against the other more than one 11 ! year after the accrual of the cause of action therefor In addition„ bath parties hereby waive any rights. to a jury trial in any judicial action brought by either party which relates m anyway to this Agreement (whether based upon contract. negligence or otherwise/ 1.5. SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY: Subscriber acknowledges and agrees that he is not a third party berrefirotary to the Master Dealer Monitoring Agreement entered into between ACI and Dealer 16, FALSE ALARMS: PERMIT FEES: In the event an excessive number of false alarms are caused by Subscriber's and/or Dealers CareleSsne5s, m aiicious action. accidental use of the alarm system, or equipment muttons-. ti(bn, drib theevent Subscn berth any manner misuses or abuses the system, ACI may in its sole discretion deem same to be a material breach of this Agreement and at its option in addition to all other legal remedies available to ACI, be excused from further performance upon the giving of foie (a) days written notice to Subscriber and Dealer. Subscriber agrees to pay any false alarm .assessments, taxes, fees, or charges relating to the monitoring services provided pursuant to this Agreement 17. ENTIRE AGREEMENT: Tints writing is. intended bythe panties as a final expression of their agreement .and as a complete and exclusive statement of the terms thereof. THIS AGREEMENT CANNOT BE AMENDED. AL- TERED OR MODIFIED BYANYAGREEMENTENTERED INTO BETWEEN DEALER AND SUBSCRIBER. AC!'S DUTY AND OBLIGATION TO PRO- VIDE MONITORING SERVICE °TO SUBSCRIBER ARISE. SOLELY FROM THIS AGREEMENT. This Agreement supersedes all prior representations, understandings or agreements of the parties and that parties rely only upon the contents of this Agreementexecuting it This Agreement can only be modified by a writing signed by the parties or their duly authorized agent. No waNer of a breach of any term or condition of Reis Agreement shall be construed to be a waver of any succeeding breach. The parties agree that this Agreement is to be performed in and shall be governed by the laws of the State of Washington 18. INVALID PROVISIONS: In the event any provisions. of this agreement is declared to be invalid or inoperative, all the remaining terms and provisions Shall remain in full force and effect. 19. ASSIGNMENT This agreement shall be fully assignable byACl only, ACI shall provide Subscriber with fifteen tit 5)days advance notification of any such assignment to another alann center. Subscriber agrees that the provisions of this agreement shall bind the subscriber to any such assignee of ACI. 20, VENUE: Venue in the case of any dispute under this agreement snail be in Thurston County Washington 21, ATTORNEY"S FEES AND COSTS: In the case of any dispute hereunder which result in litigation or .arbitrati©n, the prevailing party shall be entitled to reasonable attorney's fees and costs or suit