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HomeMy WebLinkAboutE3 Solutions, Inc. - Security Alarm MonitoringAccount a LAC33N1700 ©nitorin ► Information Agreemen DATE & SUBSCRIBER INFORMATION: This Agreement is made this 31 st day of January zo 24 by and between Alarm Center, Inc , a Washington corporation, hereinafter referred to as "ACI". and City of Yakima - City Hall Panics Street Address 129 N. 2nd Street Mailing Address _-- Cross Streets MEM Call Prato NAME (Please pnoE Yakima Police Dispatch OoS,Pe Contact Name Randy Pitney Properq OwnertManage, Mike Wentz PASSCARD LIST: NAME (Pieria pant) Password dAt. — City hereinafter re€erred to as "Subscriber " whose address is. Yakima State_ WA zip Code 98901 Site Phone Number 509-575-6000 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 I Maslmum of 12 characters) PHONE NUMBER 09-457-0207 "Not Required" PASSWORD HINT Of Site Phone Numbr 509-728-3201 It Phone Number 509-728-8517 The "Peascard USI' are 111055 who are authorized tti to PASSWORD or NUMBER {Maximum of 12 characters} Password Hint SPECIAL INSTRUCTION: n ttte prellli5e5, taut who are 1104 on #h NAME ‘Please pnn41 3 Use ex#ra sheet it needed. PASSWORD NUMBER {Maximum of 12 onarsctersi Password Hine:....,.._..... Password Hint: .... This is a City of Yakima facility and they are allowing the first call to go directly to PD Dispatch BUSINESS HOURS: OPEN MON FRI CLOSED SAT SUN OTHER ZONE IDENTIFICATION: Cond- NE PANEL MAKE & MODEL: HOLIDAY LIST: HOLIC}AY Bosch B5512 PEN CLOSE AYS OPEN CLOSE 'A=AUDIBLE. S=SILENT DESCRIPTION ❑COMMERCIAL CD RESIDENTIAL Cond- ZOrdE lion 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 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 customer's 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 DEALER By X Date 1f31/2024 ACI APPROVAL. By X A Date OPEN/CLOSE EBY INDIVIDUAL ZONE i6csn 0/10 DESCRIPTION • 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 dealer's subscriber. 3. RECEIPT OF COPY: SUBSCRIBER ACKNOWLEDGES RECEIPT OF A COPY OF THIS AGREEMENT SUBSCRIBER HAS READ AND UNDERSTANDS ALL OF THIS AGREE- 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, SUBSCR By- X Title Corporation ❑Partnership ' 0Sole Proprietorshrp "Other (describe) Governmental THIS AGREEMENT SHALL NOT BE BINDING UPON ACI UNLESS APPROVED IN WRITING BY AN OFFICER OF ACI, A larmCenter Inc. PO Box 3401, Lacey, WA 98509-3401, Nation-wide 800-752-2490 01A/a,Cenrer Pp. (xi MMxIJ,C,0 CITY CONT RESOLUTION N 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 A CI has made no representations or warranties, express or implied, as to any matter whatsoever, including without limdation the condition of the monitoring equipment, its merchantability or its fitness for any particular purpose; nor has Subscriber 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 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 property. Subscriber further acknowledges and agrees: That AClis 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 Subscriber's alarm system. 8. 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, VotP, 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. This Agreement may be suspended atACI's option should the alarm system, Subscribers Premises, orACI'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 ACI, if ACI's or Customers 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 ACI'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 ACI_ Subscriber further acknowledges and agrees that telephone company lines are wholly beyond the control and jurisdiction of ACI and are maintained and services solely by the applicable telephone company. R radio signal transmission is utilized, Subscriber ac- knowledges that radio signal transmission 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. VotP/Internet/Cellular/GPSNideo!Other Subscriber acknowledges that if ACI utilizes signal transmission by VoIP/InterneUCeIiular!GPSNideo/Other that such transmission is subject to factors that may interrupt signals from Subscribers 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 VoIP/InternetiCellular/GPSNideo/Other are wholly beyond the control and jurisdiction of ACI and are maintained and serviced by the applicable service provider. Subscriber agrees to furnish any necessary VoIP/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 ACC That ACI is not an insurer, that insurance, if any, shall be obtained by Subscriber; that AC! makes no guarantee or warranty, including any im- plied warranty of merchantability or fitness for 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 defect 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 and/or monitoring equipment to properly operate with a resulting loss to Subscriber because, of among other things: (a) The uncertain amount or value of Subscnber's property or the property of other kept on the premises which may be lost, stolen, destroyed, damaged or otherwise 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 arrd agrees that if ACI should be found liable for loss or damage due to ACI's 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 ACT's liability shall be limited to the sum of Three Hundred Dollars (S300.00) 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 Subscnber wishes, Subscriber may obtain from ACI a higher limitation of liability by paying an additional periodic service charge to Dealer or ACI. 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 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 to all claims, demands, or lawsuits, regardless of cause including ACI5 performance or failure to perform any of the obligations herein, ACT'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. 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 of all damages, expenses, costs and attomey'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 BY ANY 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 ACI only. ACI shall provide Subscriberwith fifteen (15) days advance notification of any such assignment to another alarrn 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, ATTORNEYS 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, {xd, MMX111) C i4 (REVERSE)