HomeMy WebLinkAboutAlarm Center Inc. - Monitoring Information & Agreement - Tahoma Cemetery OfficeAccount # LAC331\11,661
11) monito Information & Agreement
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This Agreement is made this day of February22
20—
by and between Alarm Center, Inc,, a washington,corporation, hereinafter referred to as "ACI", and
City of Yakima - Tahoma Cemetery Office Security hereinafter referred to as "Subscriber" whose address is:
Street Address 1802 Tahoma Ave, Cily_ vµ Yakima State WA Zip Code 98902
Mailing Address Phone Number 509-575-6026
Cross Streets— ----------- E-mail Address
0MRSofNOTE: Provide 2 phone numbers to be called prior to dispatching authorities, Additional names and numbers can be listed,
Check "Call Pnor'box if they are to be called prior to dispatch The 1 st number should be on -site, the 2nd should be the cell
phone of the property owner or manager. Use extra sheet if needed, Calls prior to dispatch apply only to burglar alarm signals,
Gall NAME (PI.... print) PHONE NUMBER IPASSWORD ar NUMBER PASSWORD HINT
Poor Mroderal of 12 characters)
Yakima Police Dispatch 509-457-0207 "Not Required"
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0o Sao Contact Name -On -Sit. —Ph.n. N-ba,
Todd Lund 509-728-4269 commish1008
Property Oo(M.n.a., Cell Phone Number
Brad Schneider 509 379 3595 Brooke
1014 Ken Wilkinson 509-910-0850 Eighty six
------- — - — -------- - -
® The "Passcard List" are those who are authorized In be an the premises, but who are not on the Call List Use extra sheet needed
NAME (PI.- ofoil PASSWORD .,NUMBER NAME (Ple.. front PASSWORD or NUMBER.,
(Maximum of 12 characters) (Ma.lonorerrf 12 ch-d.
Password Hint: Password
Password Hint:.,..,_,.Password Hint:
Wc,'s i�af4a'ple submit an an additional sheet
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.�h�o o-9 9-d -1reLflyto _-ksp-�L(
:his first Call a!te
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OPEN CLOSED
MAJ0A1rS WIER r r, (1-1 r, r 01, 931AYS OPEN CLOSE
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1. DEALER AGREEMENT., Subscriber has, or is ab I out to contract with as false,ACI will make every reasonable effort to notify the authorities and/
e3 Solutions, Inc. ("Dealer") for or the person orpersonswhose names and telephone numbers have been
an alarm system and/or service at the premises indicated on this Agree -
Provided in writing by the alarm dealer or alarm dealer's subscriber,
ment (hereinafter called "Premises"). Dealer and Subscriber have entered 3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF
into an Agreement wherein and whereby Dealer will provide monitoring A COPY OF THIS AGREEMENT.
services for Subscriber, such services to consist solely of those described SUBSCRIBER HAS READAND UNDERSTANDS ALL OF THIS AGREE -
herein. Dealer has subcontracted such monitoring services to ACI which MENT, PARTICULARLY PARAGRAPHS 4, 11 AND 12, WHICH SET
has agreed to perform the same solely as the agent of Dealer upon the FORTH ACI'S MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS
terms and conditions set forth in this Agreement, All Monitoring fees are OR DAMAGE TO SUBSCRIBER OR ANYONE ELSE. SUBSCRIBER
paid to ACI by Dealer, ACKNOWLEDGES THAT HE HAS DISCUSSED THE LIMITATION OF
2. MONITORING SERVICES PROVIDED: Act, upon receipt of an alarm LIABILITY SET FORTH IN PARAGRAPH 11 WITH DEALER'S AGENT,
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signal from the customer's premises, and prior to notifyihg the authorities, AND UNDERSTANDS THAT SUBSCRIBER MAY OBTAIN A HIGHER 0
shall attempt to verify all signals in accordance with current industry and LIMITATION OF ACI'S LIABILITY BY PAYING AN ADDITIONAL PERT-
(7- 0
jurisdictional standards, oras may be required by ajurisdictional ordinance. ODIC CHARGE, THE TERMS AND CONDITIONS SET FORTH ON THE :j
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If, after completing this verification process, the alarm signal is not verified REVERSE SIDE ARE INCORPORATED HEREIN,
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DEALER SUBSCRI;5_ 1 1Z
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By x Date 1/27/2022 By X Datepjj
ACI APPROVAL Title,
if (aIfhrurs Ef�artnership E]Sole Proprietorship
BY X Date
AtAlh.naad Office, Other (describe), Governmental
THIS AGREEMENT SHALL NOT BE BINDING UPON ACI UNLESS APPROVED IN WRITING BY AN OFFICER OF ACL
AlarmCenterlinc. PC) Box 3401;, Lacey, WA 98509-3401, Nation-wide 800-752-2490 CAI,-, C,nie, I- (XI MMXlIltC 14
4. DISCLAIMER OF WARRANTIES: ACI doers not roplai,5ent or warrant:
That the monitoring service edir prevent any loss by broglary, fire, hrodup or
otherwise, or that the monitoring service will in all cases provide the protec-
tion for orhmn it is intended. Subscriber acknowledges and agrees: ThatACI
has made no representations or warranties, express or implied, as to any
matter whatsoever, including withoutlindfation the condition ofthe monitoring
equipment, its menchantabilifyorits fitness for any particularpurpose; norhas
Subscriber relied on any representations or warranties, express or implied
Subscriber further acknowledges and agrees: That any affirmation of fact or
Pradesh, kffodl not be oberned to create an express waparrty and that there
are po elarrairkes which extend beyond the faco'of the Agreement horeol,
It miediffai atrin monitoring service is provided, Subscriber acknoodaraftes
that Subscriber should obtain any life, medical ardisapility insurance for the
protection of Subscriber and others who may use the system Subscriber
understands that there are alternatives available to Subscriber such as 911
emergency telephone service and Subscriber has sefectbri this service with
a full understanding of its limitations and the limitation ofACPS liability, ACI
makes no representation or warranty as to the promptness of its response,
and has no control over the response time or capability of any agency or
person who may be notified as result of the system being used Subscriber
Further understands thatACI, in providing the monitoring service, may Fail to
property respond to the receipt ofa signal from the system, orthat the system
may fail to function property. Subscriber further acknowledges and agrees:
That ACI is not an insurer, that Subscriber assumes all risk of personal injury
and loss or damage to Subscriber's premises or to the contents thereof
test signals from Subscriber's alarm system,
6. SUBSCRIBER'S DUTIES: Subscriber shall carefully and properly lest
and set the alarm system immediately poor to the securing of the premises
and carefully test the signal system no less khan monthly during the term
of this Agreement, and notify Dealer promptly if service is required Sub -
screen agrees to furnish ACI or Dealer forthwith a written list of the names,
addresses, telephone numbers and signatures of all persons authorized to
enter the Premises or be notified in the event ofan alarm, and for commercial
systems a deny and holiday opening and dosing schedule, All changes,
recisions and noodgicatiOns to life above shelf be supplied to ACI in writing.
Subscriber shall secure and maintain all licenses or parmits that tnay, be
necessary from governmental or insurance authorities for the continued
affinifirritog and use of the alarm systern(s),
8. INTERRUPTION OF SERVICE: ACI assumes no liability for plerrulpflon
of monitoring service due to strikes, dots, floods, storms, earthquakes, fires,
power failures, Insurrection, interruption, or unavailability of telephone, Vo I P,
Internet, cellular, GPS, video or radio signal transmission service, dots of
God, or for any other cause beyond the control of ACI, and ACI will not be
required to supply monitoring service to Subscriber while any such cause
may continue. This Agreement may be suspended akACI's option should the
alarm system, Subscriber's Premises, or ACI's monitoring facilities become
so substantially damaged that further service is impractical.
9. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agree-
ment may be suspended or cancelled, without notice at the option of ACI, if
ACrs or Custonher's premises or equitintenk are destroyed by fire of other
catastrophe, or so substantially clarnarged that it is impractical to continue
service, or in his event ACt 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 toACIV central station, and in the event Subscriber's kele-
phoneserviceis outof order, disconnected, placed on Vacation.orathenstse
interrupted. signals from Subscriber's alarm system will not be received in
ACT's central Motion during any such interruption in telephone service and
the interruption may not be known mACI Subscriber further acknowledges
and agrees that telephone company lines are wholly beyond the control and
jurisdiction of ACI and are maintained and services solely by the applicable
telephone company. If radio signal transmission is utilized, Subscriber so-
knovitedges that radio signal transmission is Sobject I a environmental factors,
both natural and man-made that are wholify fiferond the control of ACI. Use
of radio frequencies are controlled by he Federal Communications Commis -
stop (FCC) and changes in rul". regulations and polio" may necessitate
nteraset/GaiBuwr(GPS/Vtdoo/OtherSubscribdradmovItedues that if
MINIANAW I MAIN--
11. ACI IS NOT AN INSURER; LIMITATION OF LIABILITY: Subscriber
agrees that in consideration of the operation of the monitoring facility by
ACI: That A Cl is not an insurer, that insurance, if any, shall be obtained
by Subscriber, thatACI makes no guarantee or warranty, including any im-
plied warranty of merchantability or fitness here particular purpose that the
services and equipment supplied will avert or prevent occurrences or the
consequences therefrom which the service and equipment is designed to
defectoravert Subscriber acknowledges that it is impractical and extremely
difficult to fix the actual damages, if any, which may proximately result from
ACT's negligence, a failure of ACI to perform any of the obligations herein,
including but not limited to, failure of the monitoring service and/or monitoring
equipment to properly operate with a resulting loss to Subscriber because,
of among other things: (a) 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
system or service is designed to detect or avert; do The uncertainty of the
response time of the police department, fire department, paramedic unit, or
others, should the police department, fire department, paramedic unit, or
others, be dispatched as a result Ora signal being received (c) The inability
to ascertain what portion, if any, of any fees would be proximately caused
by ACts failure to perform or by its equipment to operate; dh The uncertain
nature of occurrences which might cause injury or death to Subscriber or
any other person which the system is designed to detect or avert, (a) The
nature of the service to be performed by ACI ACI understands and agrees
thatifAC(should be found liable forloss ordamage due to ACis negligence,
a failure ofACI to perform any of the obligations herein, or a failure of the
monitoring service or the monitoring equipment in any respect whatsoever,
ACIs liability shall be limited to the sum of Three Hundred Dollars (S300 00)
and this liability shall be exclusive that the provisions of this Section shall
apply if loss or damage, irrespective of cause or origin results directly 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 orenshoyees if Subscriber wishes, Subscribermay obtain
from ACIa higherlimitation offiabdity by paying an additional periodic service
charge to DoalerorACI If Subscriber elects to exercise this option, a rider
shall be attached to this Agreement setting forth the terms, conditions and
the amount of the highertimiled liability and the additional periodic charge
Such rider and adWitional obligation shall in no way be Interpreted to hold
ACI as an insurer.
12. THIRD PARTY INDEMNIFICATION: When Subscriber in the ordinary
course has other persons an his premises or the property of other in his
custody, or the alarm system extends to protect the property of others,
Subscriber agrees to and shall indemnify, defend and hold harmless ACI, its
employees and agents, for and against all claims brought by parties other
than the parties to this Agreement This provision shall apply to all claims,
demands, or lawsuits, regardless of cause including ACis performance or
failure to perform any of the obligations herein, A Cis negligence, Ora failure
of the monitoring equipment or service, whether these claims be based upon
negligence, express or implied warranty, contribution, indemnifications, or
strict or product liability on the part of ACI, its employees or agents
F is
14. LIMITATION ON ACTIONS; WAIVER OF JURY TRIAL: Both parties
hereby agree that no suit or action that relates in anyway to this Agreement
(whether based upon contract, negligence or otheriveen shall be brought
against Ina, other more than one (1) year after the accrual of the cause of
action liberator. In addition, both parties hereby waive any rights to a jury trial
in any judicial action brought by either party which relates in anyway to this
Agreement (whether based upon contract, negligence or otherwise)
15. SUBSCRIBER IS NOT A THIRD PARTY BENEFICIARY: Subscriber
acknowledges and agrees that he is not a third party beneficiary to the Masher
Dealer Monitoring Agreement entered into between ACI and Dealer
16. FALSE ALARMS: PERMIT FEES: In be event an excessive number
of false alarms are caused by Subscriber's and/or Dealer's carelessness,
malicious action, accidental use of the alarm system, or equipment malfunc-
tion, or in the event Subscriber in any manner misuses orabuses the system,
ACI may in its sale 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 five (5)
days written notice to Subscriber and Dealer Subscriber agrees In pay any
false alarm assessments, taxes, fees, or charges relating to the monitoring
services provided pursuant to this Agreement,
17. ENTIRE AGREEMENT., This writing is intended by the parties 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 BYANYAGREEMENT ENTERED INTO BETWEEN
DEALER AND SUBSCRIBER, ACI'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 Agreement in executing it, This Agreement can only be
modified by a writing signed by the parties or their duly authorized agent.
No waiver of a breach of any term or condition of this Agreement shall be
construed to be a waiver of any succeeding breach, The parties agree khal,
this Agreement is Is 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 byACI only,ACI
shall provide Subscriberwith fifteen (15) days advance notification of any such
assignment to another alarm 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 shall
be in Thurston County, Washington,
(XI,.MMX111 4 C 14 (REVERSE)