HomeMy WebLinkAboutAlarm Center Inc. - Monitoring Information & Agreement - PWAccount # LAC33N1660
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by and between Alarm Center, Inc:, a Washington corporation, hereinafter referred to as "ACI", and
City of Yakima - Public Works Security hereinafter referred to as "Subscriber" whose address is:
Street Address 2301 Prudvale Blvd, City Yakima State WA Zip Code 98902
Mailing Address Site Phone Number 509-
Cross Streets E-mail Address
NOTE: Provide 2 phone numbers to be called prior to dispatching authorities Additional names and numbers can be listed.
Check "Call Prior"box if they are to be called prior to dispatch The Isl 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.
Call NAME (Please print! PHONE NUMBER PASSWORD or NUMBER PASSWORD HINT
prior (Madnum of 12 chow ctels)
t Yakima Police Dispatch 509-457-0207 Not Required
.._ ..
On -Site Contact Name an rkAq Phnna P7rninGaP.
2 Casey Wentz 509-379-1549
Property Owner/Manager Coll Phone Number
Kerry Jones 509 408 1715
❑c 4LL Scott Schafer 509-594 8890
' ® The 'Passcard Lis," are those who are aulhoriaed to be on the premises but who are not on the Call List. Use extra sheet it needed.
prim PASSWORD or NUMBER PASSWORD or NUMBER
NAME (Please print) - NAME (Please prnt)
(Maximum or 12 characters) (Maximum of 12 characters)
Password Hint - „ Password Hmt _
Password HIM: � _ Password Hint.�
' ® If more room is needed.. please submit on an additional sheet
This is a City of Yakima facilit and they are allowin the first call after hours to qo direct) to PD Dis etch
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Cond- . cord ...Cond-
ZONE two A/S° DESCRIPTION ZONE Max,ArS, ILesc-F%"TPr' i ZONE ikon A!S° :DESCRIPTION
1. DEALER AGREEMENT, Subscriber has, or is about to contract with
_ e3 Solutions, Inc ("Dealer") for
an alarm system and/or service at the premises indicated on this Agree-
ment (hereinafter called "Premises"). Dealer and Subscriber have entered
into an Agreement wherein and whereby Dealer will provide monitoring
services for Subscriber, such services to consist solely of those described
herein. Dealer has subcontracted such monitoring services to ACI which
has agreed to perform the same solely as the agent of ®eater upon the
terms and conditions set forth in this Agreement: All monitoring fees 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 authorities,
shall attempt to verify all signals in accordance wth''current industry and
jurisdictional standards, Bras maybe required by, ajurisdietional ordlnailace
If, after completing this verification process, the alarm sjghal is notvrarlfted'
..vided in writing by the alarm dealer or alarm t subscriber.
COPY OF THIS AGREEMENT,
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r UNDERSTANDS THAT SUBSCRIBER MAY OBTAIN
DEALERU)SCf -k-Dac,
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ACI APPROVAL 1118/2022 TitleBY bate By
y O ) Partnership
le Proprietorship
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a,moozad Orrieei ®C Other (describe) El e,m
THIS AGREEMENT SHALL NOT BE BINDING UPON ACI UNLESS APPROVED IN WRITING BY AN OFFICER OF ACL
AlarmlifenterInc, PO Box 3401, Lacey, WA 98509-3401, Nation-wide 800-752-2490 BAl— Carrie, Inc: Ixl MMXIII)C 14
4. DISCLAIMER OF WARRANTIES; ACI does not represent or warrant
That the monitoring service will prevent any loss by burglary, fire, hold-up or
otherwise, or that the monitoring service will in all cases provide the protec-
tion for which itis intended Subscriber acknowledges and agrees: ThatACI
has made no representations or warranties, express or implied, as to any
matterwhattroever including withoutlimitation the condition ofthe monitoring
equipment, its merchantability orits fitness foranyparliculartsupose ' norhas
Subscriber relied on any representations or warranties, express or implied
Subscriber further acknowledges and agrees: That any affirmation effect or
promise shall not be deemed to create an express warranty, and that there
are no warranties which extend beyond the face of the Agreement hereof.
If medical alert monitoring service is provided, Subscriber acknowledges
that Subscriber should obtain any life, medical or disability insurance for the
protection of Subscriber and others who may use the,system Subscriber
understands that there are alternatives available to Season bar such as 911
emergency telephone service and Subscriber has selected this service with
a full understanding ores limitations and the limitation ofACPS liability. ACI
makes no representation or warranty as to the promptness aide 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 that A Cl, in providing the monitoring service, may fait to
property respond to the receipt ofa signal from the system, or that the system
array fail to hunction property Subscrutior further acimawledgres and agrees:
That ACHs net an insurer, that Subscriber assumes a# fiskofoersatrial injury
and fees or damage to Subscriber's promises or to the contents theparl,
5. ACI'S OBLIGATION: Subscriber and ACI agree t I haLAOfls sole and only
obligation under this Agreement and/or under any agreement between Sub-
scriberand Dealer, shall be to monitorsignals received from the alarm system
and to respond thereof as set forth in Section 2, ACI shall not be obligated
to provide monitoring service until it has received: (I) a fully executed copy
of this Agreement, pi) the completed notification instructions, and (III) valid
last signals from Subscriber's alarm system,
6. SUBSCRIBER'S DUTIES: Subscriber shall carefully and properly test
and set the alarm system immediately prior to the securing of the premises
and carefully rest the signal system no less than monthly during the term
of this Agreement, and notify Dealer promptly if service is required Sub-
scriber 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 orbe notified in the event of an alarm, and for commercial
systems a daily and holiday opening and closing schedule. All changes,
revisions and modifications to the above shall be suppieci ACI in writing.
Subscriber shall secure and maintain all licenses of permits that may be
necessary from governmental or insurance authorities for the continued
monitoring and use of the alarm system(s),
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 event that Dealer notifies ACI
of its termination of service for the Subscriber for any reason, or in the event
that Der tior foils or refuses to make payments for services furnished or to
be himished to Subscriber by AOL ACI Will give Subscriber at least five (5)
days written notice of termination of such services to Subscriber friA, upon
giving such turloce, thisAgreament andatil OfACI's respunsfibifilies, hineonflef
shall come to an end and neither party hereto shall have any claim against
the other for any further obligations. Upon termination ofthe Agreement for
any reason, Subscriber agrees to permit ACI to discontinue monitoring and
further permit either ACI or Dealer to enter upon Subscriber's premises and
disconnect Subscriber's system from ACI's monitoring network,
8. INTERRUPTION OF SERVICE: ACI assumes no liability for interruption
of monitoring service due to strikes, riots, floods, storms, earthquakes, fires,
powerfailures, insurrection, interruption, or unavublabillAy pfpelephone, VolP,
Internet, cellular, GPS, video or radio signal Iransmissibm service, acts of
Go,d, or for any other cause beyond the controll of ACI, and ACI will nor be
required to supply moroutring service to Subscriber white tiny such cause
tray continue. This Agreement maybe suspended atACI's option should the
alarm system, Subscriber's PromisesorACts monlibring facilities become
so substantially damaged that further service is
9. SUSPENSION OR CANCELLATION OF THIS SYSTEM: This Agree-
ment may be suspended or cancelled, without notice at the option ofACL if
ACI's or Customer's premises or equipment are destroyed by fire or other
catastrophe, 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,
discontinuing or changing such transmission facilities,
11. ACI IS NOT AN INSURER; LIMITATION OF LIABILITY: Subscriber
agrees that in consideration of the operation of, the monitoring facility by
ACI: That ACI 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 fare 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
detectoravert Subscriber acknowledges that it is impractical and extremely
difficult to fix the actual damages, if any, which may proximately result from
ACId negligence, a failure of ACI to perform any of the obligations herein,
including but noticiptedto, failure ofthe monitoring service andlormoniforing
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 orotherwise affected by occurrences which the
system or service is designed to detect or avert, by 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 of a signal being received, (c) The inability
to ascertain what portion, if any, of any loss would be proximately caused
by ACI'5 failure to perform or by its equipment to operate; (d) 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 (a) The
nature of the service to be performed by ACI ACI understands and agrees
that ifACI should be found liable forloss ordamage due OASIS negligence,
a failure of ACI 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 ($300 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 or employees IfSubscnber wishes, Subscriber may obtain
from ACI a higherlimitation offiabifty try paying an additional periodic service
charge to DealerorACI 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 higher limited liability and the additional periodic charge
Such rider and additional obligation shall in no way be interpreted to hold
ACI as an insurer.
12. THIRD PARTY INDEMNIFICATION: When Subscriberin the ordinary
course has other persons on 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 ACls performance or
failure to perform any of the obligations herein, AC,Cs negligence, or a failure
ofthe monitoring equipment or service, whetherffiese claims be based upon
negligence, express or implied warranty, contribution, indemnifications, or
strict or product liability on the part ofACI, its employees or agents
13. SUBROGATION: So far as It is permitted by Subscriber's property
insurance coverage, Subscriber hereby releases, discharges and agrees
to hold ACI harmless from 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 company or 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
ACI by any insurer or insurance company or its agents or assigns including
the payment mall damages, expenses, costs and anorney'sfees, Subscriber
shall notify his insurance carrier of the terms of this provision.
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 ofPhis 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 that
this Agreement is in be performed in and shall be governed by the laws of
the State of Washington.
shall remain in full force and effect,
"NOWN".411,111 NON
21.ATTORNEY'S FEES AND COSTS: In the case ofany dispute hereunder
which result in litigation or arbitration, the prevailing party shall be entitled
to reasonable allorney's fees and costs of suit,
(XI MMA111) C 54 (REVERSE)