HomeMy WebLinkAboutAlarm Center Inc. - Monitoring Information & Agreement - 101 N 2nd StreetAccount # LAC33N1669
CCM Mon'
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DATE & SUBSCRIBER INFORMATION:
This Agreement is made this,_ day of
by and between Alarm Center, Inc., a Washington corporation, hereinafter referred to as "ACI", and
City of Yakima - Bank of America City Hall Bldg, Security
h
20 22
hereinafter referred to as "Subscriber." whose address is:
Street Address 101 N. 2nd Street City Yakima State WA zip code 98901
Mailing Address Site Phone Number N/a
Cross Streets
CALL LIST:
Cell
Prior
Yr1.
IY12.
Property Owner/Manager
El 3 Casey Wentz
NAME (Please print)
Yakima Police Dispatch
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 1st 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.
PASSWORD or NUMBER
(Maximum of 12 characers)
509-457-0207 "Not Required"
OPale Phone Number
509-728-3201
Randy Pitney
4 Mike Wentz
PASSCARD LIST:I
2
NAME (Please print)
PHONE NUMBER
Cell Phone Number
509-379-1549
509-728-8517
PASSWORD HINT
The "Pas card List" are those who are authorized to be on the premises, but who are not on the Call List. Use extra sheet if needed,
PASSWORD or NUMBER PASSWORD or NUMBER
(Maximum of 12 characters) NAME (Please pool)
(Maximum of 12 characters)
Password Hint:
Password Hint:
SPECIAL INSTRUCTION:.
Password Hint:
Password Hint:
If more room is needed, please submit on an additional sheet
This is a City of Yakima facility and they are allowing the first call to go directly to PD Dispatch
BUSINESS HOURS:
OPEN CLOSED
OTHER
ZONE IDENTIFICATION:
PANEL MAKE & MODEL:
HOLIDAY LIST:
HOLIDAYS
'A=AUDIBLE, S=SILENT
Bosch B6512 w/B444 Cellular
CLOSE HOLIDAYS
❑ COMMERCIAL ❑ RESIDENTIAL
R
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 Dealer 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 customers premises, and prior to notifying the authorities,
shall attempt to verify all signals in accordance with current industry and
jurisdictional standards, or as may be required by a jurisdictional ordinance.
If, after completing this verification process, the alarm signal is not verified
DESCRIPTION
OPEN CLOSE
['OPEN/CLOSE ❑BY INDIVIDUAL
�E n
111111
as false, ACI will make every reasonable effort to notify the authorities and!
or the person or persons whose names and telephone numbers have been
provided in writing by the alarm dealer or alarm dealers subscriber.
3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF
A COPY OF THIS AGREEMENT.
SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THISAGREE-
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 ACI'S LIABILITY BY PAYING AN ADDITIONAL PERI-
ODIC CHARGE. THE TERMS AND CONDITIONS SET FORTH ON THE
REVERSE SIDE ARE INCORPORATED HEREIN.
ACI APPROVAL
By
Aulhonzod Officer
SUBSCRIBER
By X
'ate,
❑ Corporation ❑ Partnership ['Sole Proprietorship
II Other (describe) Governmental
ITY CONTRACT N
tESOLUTION NO:
THIS AGREEMENT SHALL NOT BE BINDING UPON ACI UNLESS APPROVED IN WRITING BY AN OFFICER OF ACI.
AlarmCenter inc. PO Box 3401, Lacey, WA 98509-3401, Nation-wide 800-752-2490 m Alen Center, Inc., (XI, 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 it is intended. Subscriber acknowledges and agrees: That ACI
has made no representations or warranties, express or implied, as to any
matterwhatsoever, including withoutlimitation the condition of the monitoring
equipment, its merchantability or its fitness for any particular purpose; nor has
Subscnber relied on any representations or warranties, express or implied,
Subscriber further acknowledges and agrees: That any affirmation of fact 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 Subscriber such as 911
emergency telephone service and Subscriber has selected this service with
a full understanding of its limitations and the limitation of ACI'S 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 that ACI, in providing the monitoring service, may fail to
properly respond to the receipt of a signal from the system, or that the system
may fail to function properly. Subscnber further acknowledges and agrees:
That AC1 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.
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 Dealer, shall be to monitor signals 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, (ii) the completed notification instructions, and (iii) valid
test signals from Subscribers 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 test 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 or be 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 supplied to ACI 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 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 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, this Agreement and all of ACI's responsibilities hereunder
shall come to an end and neither party hereto shall have any claim against
the other for any further obligations, Upon termination of this 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,
power failures, insurrection, interruption, or unavailability of telephone, VoIP,
Internet, cellular, GPS, video or radio signal transmission service, acts 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, ThisAgreement may be suspended at AC l'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 AC I, 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
10. TRANSMISSION LINES: Subscriber acknowledges that the signals
from Subscriber's alarm system are transmitted over Subscriber's regular
telephone service to AC l's central station, and in the event Subscriber's tele-
phone service is out of order, disconnected, placed on vacation, or otherwise
interrupted, signals from Subscriber's alarm system will not be received in
ACI's central station during any such interruption in telephone service and
the interruption may not be known to ACL Subscriber further acknowledges
and agrees that telephone company lines are wholly beyond the control and
jurisdiction of AC I and are maintained and services solely by the applicable
telephone company. If radio signal transmission is utilized, Subscriber ac-
knowledges that radio signal transm ission is subject to 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 in rules, regulations and policies may necessitate
discontinuing or changing such transmission facilities,
VolP/Internet/Cellular/GPSNideo/Other: Subscriber acknowledges that if
ACI utilizes signal transmission by VolP/Internet/Cellular/GPSNideo/Other
that such transmission is subject to factors that may interrupt signals from
Subscriber's 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/Internet/Cellular/GPSNideo/Other are wholly beyond the control and
jurisdiction of AC I and are maintained and serviced by the applicable service
provider. Subscriber agrees to furnish any necessary VolP/Internet/Cellular/
GPSNideo/Other connections at Subscriber's own expense
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 far a 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
detect or avert Subscriber acknowledges that it is impractical and extremely
difficult to fix the actual damages, if any, which may proximately result from
ACI's negligence, a failure of ACI to perform any of the obligations herein,
including but not limited to, failure of the monitoring service andfor 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 orotherwise affected by occurrences which the
system or service is designed to detect or avert; (b) 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's 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 detect or avert; (e) The
nature of the service to be performed by ACI ACI understands and agrees
that if ACI should be found liable for loss or damage due to ACI's negligence,
a failure of AC1 to perform any of the obligations herein, or a failure of the
monitoring service or the monitoring equipment in any respect whatsoever,
ACI's 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. If Subscriber wishes, Subscnber may obtain
from AC1 a higher limitation of liabitity by paying an additional periodic service
charge to Dealer or ACI If Subscriber elects fo 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 Subscriber in 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 fo all claims,
demands, or lawsuits, regardless of cause including ACI's performance or
failure to perform any of the obligations herein, ACI's negligence, or a 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,
13. SUBROGAlION: So far as it is permitted by Subscriber's property
insurance coverage, Subscriber hereby releases, discharges and agrees
to hold AC I 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 of all damages, expenses, costs and attorney's fees. Subscriber
shall notify his insurance carrier of the terms of this provision.
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 otherwise) shall be brought
against the other more than one (1) year after the accrual of the cause of
action therefor. 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 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 Dealer's carelessness,
malicious action, accidental use of the alarm system, or equipment malfunc-
tion, or in the event Subscriber in 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 five (5)
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: 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 BYANY AGREEMENT 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 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 by AC I 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,
21. ATTORNEY'S FEES AND COSTS: In the case of any dispute hereunder
which result in litigation or arbitration, the prevailing party shall be entitled
to reasonable attorney's fees and costs of suit
MMXIII)C 14 (REVERSE)