HomeMy WebLinkAboutAlarm Center, Inc. - Monitoring Information & Agreement - WFCCATE & SUBSCRIBER INFQRW A-TIM-
by and between Alarm Center, Inc., a Washington corporation, hereinafter referred to as A --I" and -
City fo `r'akirria - WF6C• S6curity hereinafter referrers to as 'Subscriber." whose address s'
Street Address— 602 N 4th street City, Yakima State_ t "A zip code _ 96901�
Melling Address
Number
Cross Steeets � - F-rhaml Address
NOTEr Provide 2 phone numbers to be called prior to dupe€clung at}tircrn,es. Additional names and numbers can be listed
_ Check "Galt Boor' boy, if they are is be called prier to dispatch The 1 St r -,rrber should be on sile, the 2nd should be the cell
phone of the property owner or manager. Use extra sheet If needed. C °s prior to dispatch appty only to burglar alarm signals.
Ca€i nAt:;fF Rcaese n*;rr RnnnnF!tiuwfaatf. pAsgs`�Rld"'fichatuy aASSWoPDHrNT
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t Yakima Police Dispatch 509-457 0207 Net Required
r'in-Sde C:c Rfe4t Nema 'Jn.Sft. Ph... Humber
Kim Lopez 509-307-2619
P cperty bw^aerlhtaneaer ell Phan 'J,lmp¢,
El
Ken Wilkerisan 509-910-0650
Y The "Pas —am List' are those u^ho aIn authorized to be an the preanrsea, be.t Who are no+ On the Call Us! UsE eMa sheet it needed
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$,BONE JDENTIFICA'I' i
Ann DESCRIPTION OnE itian Are,
1 DEALER AGREEMENT: Subscriber has, or is about to contract viah
e3 Solutions Irmo ('Dealer"a foe
am-�alerrn system and/or service at the premises indicated on Ibis Agree-
ment (hereinafter Called 'Premises') dealer anti Subscriber have entered
into an Agreement wherein and whereby Dealer will provide monitoring
services for Subscriber, such services to consist solely of those described
rereln Dealef has subcontracted such monitoring services to Act which
has agreed to perform the same solely as the agent at Dealer upon the
terms and conditions set forth in this Agreement. Air;monitorinrg fees are
paid to ACI by Dealer
2: MONITORING SERVICES PROVIDED: AGI: upon receipt of an alsidn:
signal from the customer's premises and prior to nolufying the atiilronties,
shall attempt to verify all signals In accordance whit dunrent Industry and
tunsd ictional standards, or as maybe requiredby a tugrudirdipnal ordinance.
If, offer completing this verification process, the alarm, ,s"gr al Is not abetted
DEALER
o.
By X (?afe
At'[ APPROVAL
E] corpoe dIon D Parinership, — ® Sole Propnetorshig
...,Date _..
'- mm Au.�rorenv� arvic E] ether. tR scribe),.:.,
THIS AGREEMENT SHALL NOT BE BIN DING,UPON A C I UNLESS APPl RIVED IN WRITING BY AN OFFICER OF AC1,
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Bosch B5512 yr1B444-A Dedlular
F oPENICLOSE FIBYINDIVI:DUALI'..
ZONE APS'
as false; AC 1 wlmake every reasonable eECort to notify the authorities an&
or the person cr oersons whose names and telephone Plumbers have beery
provided in wring by the alarm realer oralamn dealer's subscriber.
d. RECEIPT OF COPY. SUBSCRIBER ACKNOWLEDGES RECEIPT OF
A COPY OF TITS AGRELMENT..
SUBSCRIB ,tAS"READANDUNDERSTANDSALLOFTHISAGRE:E-
MENT, PART"4�IJLARLY.PARAGRAPHS d, 11 AND 12, WHICH SET
FORTH ACT- MAXIMUM LIABILITY IN THE EVENT OF ANY LOSS
OR DAMAGE '0 SUBSCRIBER OR ANYONE ELSE_ SUBSCRIBER
ACKNOWL'.I't,ES THAT HE HAS DISCUSSED THE LIMITATION OF
LIABILM SF'r FORTH IN PARAGRAPH 11 WITH DEALER'S AGENT,
AND UNDERSTAN 7S THAT SUBSCRIBER MAY OBTAIN A HIGHER
LIMITATION r`L ACI'S LIABILITY BY PAYING AN ADDITIONAL PERI,•
OOTC CHARGE. THE TERMS AND CONDITIONS SET FORTH ON THE:
REVERSE ELSE ARE INCORPORATED HEREIN.
s^
By,
Alarm nterl1ic P7Box 3401,Laney, 'WA 98509-3401 lhafic,i of ce:Boo-752-2-490 ,IA,.,.,,Celrli e `r,IraVAIMC�4� 'I 'r
CITY CONTRACT NO'
RESOLUTION HEn "
,I.:
4. DISCLAIMER. OF WARRANTIES: ACt do
That the monitoring service will prevent anykO
ritherclise, Or that the mdnhonnoservice will in
fine for which his intended Subscriber scarce
has made no representations or warranties, t
retied on any representations or
promise shall not be deemed to create an express wan ant
are no warranties which extend beyond the face of the Ag
If medical alert monitoring service is provided. Subscribe
that Subscriber should obtain any life, medlcalordisabdrtyri
invention of Subscriber and others who may use the Sys
understands that there are alternatives avaitable to Sudscr
emergency telephone service and Subscriberhas seiected
a full understaciong of its limitations and the sanitation iVA
rriakes no..reprosentatton or warranty as to the promptness
and has no control over the response time or cao ibillfy c
persona who may be notified" as result of the system b�t79,G,
iher,tnxm which fare service and equipment is designed to
4ubscrr'ber acknowedges that it is impractical and e yteRmety
a actual damages, it any; which may praximatedy result from
e, a failure of AGl to perform any of the Obligations herein,
any
including our norwirneli££7,
ring
equipment to iintpedyant
has
of among lathier things: (a
find:
property or oft yropehy c
ct4
stofen,destoyed darag,
'rare
system or service as dcsig
Vof;.
ftasponsa time'0 the POtic
fges
others, Sherrie, the police
I the
others, be dispatched as t
'rber
to ascertain what portion,
such as 911
:by ACf s failure
>O vice with
mature of occur
mbility, ACrf
:any other.;oerec
i response;
na€una of the se
agency or
that itsCfshuuf
Subscriber
a failure ofACI
may tail to function property Subscriber further acknowledges and agrees;
That A Cris not an insurer, that Subscriber assumes all risk of parsonat uniury
and toss or damage to Subscriber's premises or to the contents thereof
5. A.CI"S:OBLIGATION; Subscriber and ACI agree thatACi s sole and only
obligation under this Agreement and/or under any agreement.oeSween Sub-
scriber and Dealer, shall be to monitor signalsreceived from the alarm system
and to respond thereof as set forth in Section 2. ACI shall not be obligated
to provide,morntoring service until it has received: (u),a "fully executed copy
of this Agreement, (11) the completed notification instructions, and iii) valid
test signals from Subscriber's alarm system.
6. SUBSCRIBER'S :DUTIES. Subscriber -shall carefully and properly test.
and set tT e alarm system immediately poor to the securing of the premises
and carefully test the signal system no less than monthly during the terns
of this Agreement, and notify Dealer promptly of service Is required Sub-
scriber agrees to furnish ACT 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, end for commercial
systems a daily and entropy opening arid: closing schedule, Aii changes;:
revisionsand modificati€ansto the above shall be suppfieFd id, ACI in writing.
Subscriber shall secure and maintain all licenses nh,pen7iits that may be
necessary from governmental or Insurance authirrities for the continued
monitoring and use of the alarm systems).
7. TERM OF AGREEMENT, DISCONNECTIONi This ,agreement shall
-onhnue for as long as Dealer contracts with ACI for the performance of
monitoring servicesforthe Subscriber. In the event that Dealer notifies ACI
of its 1errovatic n of service for She Subscriber for any reason, or in the event.
that Dealer tads 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 terminations of such services to Subscriber and, upon
giving such notice tnusAgreementand all ofA.C9 s responsibilities hereunder
shall come to an end and neither party hereto shall have any claim: against.
the other for any furtherobligamons U pan termination of this Agreement for
any reason, Subscriber agrees to peonit ACT to discontinue monitoring and
further permit either ACI or Dealer to enter upon Subscrber s premises and
disconnect Subscriber's systern from AGI's monitoring network.
S. INTERRUPTION OF SERVICE: ACI assumes nsl abil,tyfor interruption
of monflanng service due to strikes, mots hoods, stcrnis;:`earthquakos. fires,
poweif failures. insurrection, interruphon, cr uriavaifabiiit ',Oflelephone VOID.
Internet, cellular, GFS, 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
mayc,ontlnue This Agreement may Be suspended atACt`soption should the
alarm system, Subscribers Premises crACI s monitoring facilities become
so substantially darnaged that further service is impractical,
9. SUSPENSION OR CANCELLATION OF THIS SYSTEM: I his Agree-
Trent may be suspended or cancelled, without notice at the option at ACI. if
ACI"s or Customer's premises or equipment are destroyed,bp 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 atamt system are transmitted over Subscriber's regular
afephang service IoACI's centralstation, and in the event Subscriber's tale,
phone service is out of order, disconnected, placed on vacation orotherwise
Interrupted signals from Subscriber's alarm system will -not be received in
ACT's central station during any such interruption uutelephone service and
the Interruption may not be known to ACI Subscribe:riuniheracknowtedges
and agrees that telephone company lines are wholly bgyprid the control and
Jurisdiction of ACt and are maintained and servicespoi by the applicable
lebphorue company. If radio signal transmission is utilized, Subscriber ac�
knowledges that radio signal transmission is subpecr toe pvironrmental factors,
bosh natural and moat -made that are wholly beyond the control of ACI. Use
of radio frequencies are controlled by the Federal Ce rtmcnicatlons Commis-
sion (FCC) and changes in rules, regulations and polo -des may necessitate
discontinuing or changing such transmission facilities -
Vol f1l; irtemet/CollularIGPSdeo/Other, Subscriber acknowledges that if
AC; irrizes signal transmission by VolPPlnternetlCeltulariGPSMdeo)Other
Thai 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 inese services and may not be known to ACI. Subscriber
further acknowledges and agrees that signals which :are transmitted over
Vc9PllnternetlCellulariGPSA+ideolOther are wholly beyond the control and
imiisdiction of ACI and are maintained and serviced byknicapplicabie service
11, ACi IS NOT AN INSURER, LIMITATION OF LIABILITY: Subscriber
agrees that in consideration of the operation of the .mentioning facility by
AC7' 7riat ACl is not an rosurer, that insurance if ank shall be obtained
by Subscriber that ACI makes no guarantee or orarra ity; including any :rat-
ptie i warranty of merchantability or fitness fora particular purpose That the
sensrces and enunome t supplied vall avert or prevent occurrences or the
and this &
apply if lei:
rndirectiyI
the obligal
agents; as
iromACl a
th a resulting loss to r�toscnoer eecayse,
ncertain amount or value of Subscriber's
kept on the premises whr er may be lost,
isinsise affected by occurrences winch the
defect or avert (b) The urceinbrnry of the
Iment, fire department, paramedicunrt, or
ram, fire department, paramedic anil, or
qurpment to operate; {dl The uncertain
cause injury of death to Subscriber or
is desdraed to detect or avert ,(a) The
f ichco for loss ordamage due to A Ct's negligence,
it any of the obligations herein,or a faiture, of the
morrrtorng equipment in any respect whatsoever
led to the sum of Three r4undred Dols"ers ($300 00)
exclusive; that the provisions of this Section shall
irrespective of cause or origin results directly or
ro,perde from perermance or rron-pc llan aance of
7y this Agreement or team negligence, ofACI, its
vees it: Subscriber wishes, Subscriber may obtain
charge to.:DeAfer orAGt tf Subscnber eiects to exercise rnrs op(ron., a nuer
shall be attaCf,ad to airs Agreement setting forth the terms conditions and
the amount Of ice higher limited liability and the additional ueriodrc charge
Such rider arru'Addrtronal obligation shall lie no way be interpreted to hold
ACI as an rnst,-'r}'r
12. THIRD PARTS' INDEMNIFICATION; 'Men Subscriber rn the ordinary
course has other persons on his premises or the Property of outer in his
custody, or trs elerm system extends to protect the property of others,
Subscrib er agi:;�;s to and Shad rndemnrfy defend and hold harmless :A Ct its
rein AC:isnegligence, Oraraoure
etherthese clarms be based upon
comirbutron, indeinnihcafrons, or
its employees or agents:
13, SUBROG.,11OW So far as it is permitted by Subscriber's property
insurance coverage, Subscriber hereby releases, discharges and agrees
to hold ACV harmless from any and all claims; l abilities, damages Basses or
expenses, aris=ng from or caused by any hazard covered by insurance in or
on the Subscr`! nr`s premise whether said claims are made by Subscriber.
his agents, or =n :urance company or other parties claming under or through
Subscriber Subscrrber agrees to Indemnify ACI against, defend and hold
ACI harmless from any action for subrogatlonwhich may be broughtagainst.
ACI by any in=xr, er of insurance company or agents or assigns including
the payment o'at(damages, expenses, costs and attorney's fees Subscriber
shall notify his, 4 surance carrier of the terms of this provision.
14, LIMITATIC)N; ON ACTIONS; WAIVER OF JURY TRIAL; Both patties
hereby agree that no suit or action that relates in anyway to this Agreement
fwhether based upon contract, negligence or otherwise) shalt be brought
-
against the other more than one it) 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 (wTulther eased upon contract:,: negligence or otherwise)..
is, SUBSCRIBER IS NOT A THIRD PARTY BENEE[CIARY: Subscriber
acknowvledga s and agrees that he is not a third party beneficiary to the Master
Dealer folonilo'Ing Agreement entered into between ACI and Dealer.
16. FALSE ALARMS: PERMIT FEES: In the event an excessive number
of false aterms are caused by Susbscriber's:andlor Dealers carelessness,.
ma kdous sailor, accidental use of the alarm system, or equipment madunc
Lion, 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 notion to Subscriber and Dealer, Subscriber agrees to pay any
false alarm as c.ssmenis taxes, Pees 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 ,f mir agreement and as a complete and exclusive' statement
of the terrns Ihureof. THIS AGREEMENT CANNOT BE AMENDED, AL-
TERED OR odd,}II IEC BYAN'a" AGREEMENT ENTERED INTO BETWEEN
DEALER Alrb ,UBSCRIBER ACT'S DUTY AND OBLIGXFION TO PRO-
VIDE MONi IRING SERVICE TO SUBSCRIBERARISE SOLELY FROM
THIS AGREE1,4ENT: This Agreement supersedes all prior representations,
understandingi,r =ir agreements or the parties and that parties rely only upon
the contents of -this Agreement in executing it This Agreement can only be
modified by a miting signed by the parties or their duly authorized agent.
Na waiver aura `~reach of any term or condition of this :Agreement ::shall be
construed 'tu aura a waiver of any succeeding breach. The parties agree that
this Agreem_r:',a to be performed to and shall be governed by the laws of
the State of'rva hangton.
16. INVALID Frt0VISIONS: In the event any provisions of this agreement is
declared to be invalid or inoperative all the remaining terms and provisions
shall remain in 141 force and effect
19. ASSIGNMENT, T his agreement shall, befully assignable byAGI only ACI.
shall provide Subsouberwith fifteen (151 days advance notification o#any such
assignment to another Marm 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. ATTORNEv'S FEES AND COSTS. In the case of any dispute hereunder
which result �n-litigat`ion or arbitration, the prevailing party shall be entailed
to reasonable attorneys fees and casts of suit.
r,X . ,95 k Q 14 FREVERSr