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HomeMy WebLinkAboutE3 Solutions Inc. - Security Alarm Monitoring - PW, Inc. WA Co t. Lie. PO Box 72 E3SOL►"971 u Yakima, WA 98907-0072129 City of Yakima Accounts Payable N. 2nd Street Ali] TY DESCRIPTION w LOCATION oQT1oNnL SERVICES; 1 Security Alarm Monitoring Public Works 2301 Fruitvale $30.00lmo. Monitoring (P) (NP) _ (✓) Burglary ( )Fire { I Supervisory ( ) Purees ( ) Other _ '.Maintenance (P) (NP) `. Impactions (P) (NIP) . Frequency (A) (S) (Q) (M) Open! n gslClosl n gs Logging ( l Reports { } Supervised ( ) Schedule ( ) BILLING; ( )Manthly )Quarterly 1 )Scni•Annua(ly r nnually --------- IUNESTA THE SERVICES WHICH WILL BE PROVIDED TO ME Y WHAT IS CHECKED ABOVE. , Customer agrees to pay 50% of $__ I��dt,( please refer to attached proposal if applicable) upon acceptance of this proposal, and the balance or i Il1a ,payable upon completion oftaslallatron Equipment will remain the property of E3 Solutions, Inc until payment is made in full As a prccondition to the activation of the system and/or optional services us stated, total sum must be paid in full unless written otherwise on this agreement Customer also agrees to pay $ 360,00 annually for any optional services stated, in advance, for a term of 12 months which automatically renews annually unless terminated by either party upon written notice at least sixty days prior to the anniversary date. The time period in this paragraph must he strictly complied with If any modifications to system as stated above are necessitated, both parties will agree in writing E3 Solutions, Inc assumes no liability or costs which are not specifically stated as part of this contract, and directly associated with services rendered herein Any concerns the customer has about the liable waiver, will be written as part orthis contract, or is not valid The customer agrees to pay, in addition to the charges stated above, any false alarm assessments, taxes, permits, fees, or charges not stated above, that are imposed by any governmental body, relating to any services stated herein:„Any charges to E3 Solutions, Inc for facilities required for transmission or charges from excessive alarm transmissions of signals under this agreement will also be paid by the customer E3 Solutions, Inc has the right to increase the optional services charges to offset inflation or other charges as necessitated upon the anniversary date of this agreement Customer having requested the equipment/services specified in this agreement, owns or is authorized to make this agreement binding, and authorizes E3 Solutions, Inc and its representatives to carry out the installation and/or services as stated above Compliance with all laws, codes, and regulations pertaining to stated equipment and/or services will be met by both parties It is understood that E3 Solutions, Inc. is not an insurer, and that insurance, Irony shall be obtained by the customer. Any amounts being paid to E3 Solutions, Inc. are for the value of services being rendered by this agreement. If for any reason damages are incurred by any negligence of F.3 Solutions, Inc, or its agents, Its liability shall be limited to $100.00 as the agreed upon damages and not as a penalty. No suit or action shall be brought against E3 Solutions, Inc. later than (1) year after the accrual of the cause, and limits of liability will again be limited to S100.00 per occurrence per project. In the event any person, not a party to this agreement, shall make any claim or file any lawsuit against E3 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 brot traitors harmless from any and all such claims and lawsuits including the payment of all damages, expenses, costs and attorney's fees. Initial here By `t Ili ' e:ltt , it llcates I the customer have read both sides of this gagreepl nd understand it to its full extent. CITY CONTACTNCh Signature RESOLUTION NC4: I3t,te Title This agreement is not binding unless approved in writing by an authorized representative In the event of failure of such approval, the only liability of F3 Solutions, Inc will be to return to that customer the amount, if any, paid upon signing of this agreement Approved by _ -r _ Date Januarv_19,_2022 ___ P A — MONITORING AND NOTIFICATION SERVICES Shall be provided by a third party monitoring agency at the choice of H Solutions, Inc,, and agreed to by both parties by signing this agreement, E3 Solutions, Inc. will in no way be held liable or accountable for any negligence by the Omer also understands that the alarm system dialer/communicator cannot communicate with the monitoring agency if the transmission mode is cut, interfered with, or otherwise damaged. B — WARRANTY —The warranty of equipment and installation, if installed by F3 Solutions, Inc. will be limited to the following; Equipment - (1) one year firom installation, not to exceed the manufacturer's warranty Labor — (90) ninety days from installation orequipment provided E3 Solutions, Inc. installed said equipment Conditions not covered by warranty are; A — Damage resulting firom accidents, acts of God, alteration, misuse, tampering or abuse. 13 — Failure orthc customer to properly follow operating instructions provided by U Solutions, Inc. at the time of installation or at a later date. C — Adjustments necessitated bi misaliumcrit of couWment for aw reason what so ever, D — Trouble due to intenruiNtion of commercial iower or to the ghone service, Frida. excludini holidaNs. Arry work Performed outside of these times are subiect IQ a c .., _e ornot less than one and one-half of normal charges for labor, The parties acknowledge, that ffify-have negotiated this provision. IN- maw'"wWwwo PRO 64 1TMmqKqfiM1N* I or, Mwm 7r1rE"tn111r1lt%P&_91.W1 than one and one-halt'ot'normal charges for labor, D — CANCELLATION — Cancellation of this agreement and any services provided on the reverse side, can be cancelled with 60 days written notice. If monitored by third party agency, it will be necessary for H3 Solutions, Inc. or an authorized agent to gain access to the control/ communicator equipment to reprogram and disable the cqmmunicator/dialer. If access is not granted, charges agreed to on reverse side of this agreement will be enforced until such time that access is granted, E — If any of the provisions of this agreement shall be,'dplermaned to be invalid or unenforceable, the remaining provisions shall remain in full tbrce and effect. F — In the event of default by buyer in the performance of any of the terms or conditions of this agreement, seller may pursue any one or More Or the following remedies, which are cumulative and non-exclusive. 1-Repossess said equipment as described on reverse side With charges being incurred at the normal time and material rate, Any damages created by the installation or removal of same equipment will be at no fault of seller', and repairs will be the buyers responsibility. 2-Immediately cease further work on any installation for said customer. 3-Terminate the contract by giving ten (10) days written notice to the buyer, 4-Pursue any other remedy at law now or hereafter existing, 5-Bring suit for any unpaid amount(s) due under this agreement. G — In the event that buyer shall be delinquent in the payment of a progress payment or any other installation charge, the buyer hereby agrees to pay to seller interest based on the maximum amount which can be charged by law not to exceed I A% per month (18% per year) from the date of delinquency on the amount due, to include but not limited to any attorneys fees. The customer shall pay e3 Solutions an administrative fee (late charge) of Five (5%) percent of any payment due hereunder received by e3 Solutions Inc. after the date on which Such payment is due as agreed upon damages and not as a penalty, this agreement, including but not limited to collection expenses, court costs, and attorney's fices, I — This agreement is not assignable by the Customer except upon written consent orE3 Solutions, Inc., first being obtained. E3 Solutions, Inc. shall have the right to assign this agreement or to subcontract any of its obligations under this agrvement without notice to customer. tToioTs--X_1TRu-UTrT,v7nls dtfCCITICTIL. UINUtlEllel UUIL)y 1�luazus u3oulull nulls mu, itum all IUNVI IdINU&C M14��P�EUIC dilNUIg VILL U1 01 nottl Lo lQnINA U -emoval of the system from the premises and repair, restoration or redecoration of the premises. In the event it shall become necessary for the seller to ins0frtv legal proceedings to collect the cost or installation or any progress payments as act forth herein, venue will be in Yakima County, Washtrigion State