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Home My WebLink AboutE3 Solutions, Inc. - Security Alarm Monitoring - 101 N 2nd StreetE3 Solutions, Inc. WA Cont. Lie. PO Box 72 E3SOLI*971MU Yakima, WA 98907-0072 (509) 452-0240 * (866) 452-0240 QTY DESCRIPTION Security Alarm Monitoring City of Yakima Accounts Payable 129 N. 2nd Street Yakima, WA 98901 LOCATION B of A Building 101 N 2nd St $35.00/mo. OPTIONAL SERVICES: Monitoring (P) (NP) (1) Burglary ( ) Fire ( ) Supervisory ( ) Duress ( ) Other Maintenance (P) (NP) Inspections (P) (NP) Frequency (A) (S) (Q) (M) Openings/Closings Logging ( ) Reports ( ) Supervised ( ) Schedule ( ) BILLING: ( ) Monthly ( ) Quarterly ( ) Semi -Annually (i) Annually I UNDERSTAND THE SERVICES WHICH WILL BE PROVIDED TO ME BY WHAT IS CHECKED A x Customer agrees to pay 50% of $ N/A( please refer to attached proposal if applicable) upon acceptance of this proposal, and the balance or $ NA payable upon completion of installation. Equipment will remain the property of E3 Solutions, Inc, until payment is made in full. As a precondition to the activation of the system and/or optional services as stated, total sum must be paid in full unless written otherwise on this agreement Customer also agrees to pay $ 420.00 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 be 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 of this 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, if any 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 E3 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 $100.00 per occurrence per project. In the event any person, not a party to this agreement, shall make any claim or file any lawsuit against E3 Solutions, Inc. for failure of its equipment or service in any respect, customer agrees to indemnify and hold E3 Solutions, Inc. it officers, employees and s o actors harmless from any and all such claims and lawsuits including the payment of all dam_ es, expenses, costs and attorney's fees. Initial here By Signature Ti s I the customer have read both sides of this agreement and understand it to its full extent. CITY CONTRACT NO: RESOLUTION NO: 3�laoaa Date This agreement is not binding unless approved in writing by an authorized representative. In the event of failure of such approval, the only liability of E3 Solutions, Inc. will be to return to the customer the amount, if any, paid upon signing of this agreement Approved by Date February 2$ 2022 TE ` S AND CONDITIONS A — MONITORING AND NOTIFICATION SERVICES Shall be provided by a third party monitoring agency at the choice of E3 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 third party monitoring agency or its agents. Customer is aware for the alarm system to communicate, telephone interface is necessary. Customer 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 E3 Solutions, Inc. will be limited to the following; Equipment - (1) one year from installation, not to exceed the manufacturer's warranty Labor — (90) ninety days from installation of equipment provided E3 Solutions, Inc. installed said equipment Conditions not covered by warranty are; A — Damage resulting from accidents, acts of God, alteration, misuse, tampering or abuse. B — Failure of the customer to properly follow operating instructions provided by E3 Solutions, Inc. at the time of installation or at a later date. C — Adjustments necessitated by misalignment of equipment for any reason what so ever. D — Trouble due to interruption of commercial power or to the phone service. It is also understood that any warranty work will be performed during normal business hours. These times are 8:00 AM to 5: 00 PM, Monday through Friday, excluding holidays. Any work performed outside of these times are subject to a charge of not less than one and one-half of normal charges for labor. The parties acknowledge that tey have negotiated this provision. INITIALS: QAwi C — MAINTENANCE — If maintenance is noted to be provided on the reverse side of this agreement, E3 Solutions, Inc. agrees to provide ordinary maintenance and repair of equipment resulting from normal wear and tear. The expense of all extraordinary maintenance and repair due to alterations in the customer's premises, by the customer or their agents, or if equipment is intentionally damaged due to any reason, customer will be charged for such calls at current rates. It is also understood that any maintenance work will be performed during normal business hours. These times are 8:00 AM to 5:00 PM, Monday through Friday, excluding holidays. Any work performed outside of these times are subject to a charge of not less than one and one-half of 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 E3 Solutions, Inc. or an authorized agent to gain access to the control/ communicator equipment to reprogram and disable the communicator/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 determined to be invalid or unenforceable, the remaining provisions shall remain in full force 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 of 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 1 ''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. H — Customer understands that failure to pay amounts when due shall give E3 Solutions, Inc. the right to terminate this agreement and to pursue the collection of said delinquent amounts to the full extent of the law. Customer also agrees to pay all costs, expenses, and fees of the enforcement of this agreement, including but not limited to collection expenses, court costs, and attorny's fees. I — This agreement is not assignable by the Customer except upon written consent of E3 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 agreement without notice to customer. J- e3 Solutions shall be in no way obligated to repair, restore or redecorate the premises in the event the system is removed by e3 Solutions Inc or others pursuant to this agreement. Customer herby releases e3 Solutions Inc. from all lose, damage and expense arising out of or from or related to the removal 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 institue legal proceedings to collect the cost of installation or any progress payments as set forth herein, venue will be in Yakima County, Washington State