Loading...
HomeMy WebLinkAboutFOUNTAIN HILLS DURESS MONITORING AGRMT 07-2023 - signed 1 of 4 AIDANT SECURITY Division of Aidant Fire Protection Company MONITORING AGREEMENT THIS AGREEMENT, made this _______ day of, July, 2023 between AIDANT SECURITY, 15836 N. 77th STREET, SCOTTSDALE, ARIZONA 85260 (Hereinafter called “AIDANT”), and (Hereinafter called “CUSTOMER”) WITNESSETH: For and in consideration of the mutual covenants and agreements and of payments hereinafter mentioned, the parties hereto agree as follows: 1. AIDANT agrees to install equipment, as may be necessary to provide a monitoring service, without liability and not as an insurer during the term of this agreement, the devices hereinafter sometimes referred to as the “system”, set forth in the schedule of equipment on the premises of the CUSTOMER located at: COMMUNITY CENTER 13001 N LA MONTANA DR FOUNTAIN HILLS, AZ 85268 FIRE STATION #2 10650 N FOUNTAIN HILLS BLVD FOUNTAIN HILLS, AZ 85268 LIBRARY AT FOUNTAIN HILLS 12901 LA MONTANA DR FOUNTAIN HILLS, AZ 85268 TOWN HALL BUILDING 16705 E AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 THE TOWN OF FOUNTAIN HILLS 16705 E AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 SCHEDULE OF EQUIPMENT AND MONITORING SERVICE Off-Site monitoring @ $50.00/Month - $600.00 annually per site (4 accounts $200/Month - $2,400.00 annually) 2 of 4 2. The Monitoring Service shall be as listed in the Schedule of Equipment and shall be provided for a monthly charge of $50.00/Mo plus telecommunications tax per account. CUSTOMER agrees pay for the equipment and/or installation (excluding communicating device) on completion of the installation of system. CUSTOMER agrees to pay a monthly fee of $50.00 each year in advance for a period of (1) year per account. Payment shall be made as follows: BILLABLE NET 10 DAYS C.O.D. CHECKING AUTOMATIC PAYMENT MASTERCARD VISA AMERICAN EXPRESS After the initial (1) year(s), the Agreement shall renew itself every (1) year at the same monthly rate or a change in the monthly rate upon 30 days notification prior to the expiration of the (1) year agreement. Either party shall notify the other party thirty (30) days prior to automatic renewal of this Agreement, with written notice of its intention to terminate. The payments set forth are plus applicable taxes and do not include telephone company line charges. 3. Customer authorizes AIDANT to install or cause to be installed the system as specified in the schedule of equipment, including connections necessary to transmit the necessary signals from the premises of CUSTOMER to a listed monitoring station. Any and all signals transmitted over telephone company lines are wholly beyond the control and jurisdiction of AIDANT and are maintained and serviced by the applicable telephone company or utility. Any claim by CUSTOMER of improper installation or a defect in the system must be given in writing to AIDANT within ten (10) days from installation completion. If power is required, CUSTOMER agrees to furnish 110v A.C. power dedicated circuit at its expense. The entire system, including all devices listed in the Schedule of Equipment, and all instruments, appliances, connections, wires, conduits, and other material associated therewith, except the communicating device and telephone company lines, is and shall at all times remain the sole property of AIDANT, until such time as customer shall pay for the installation in full. Customer shall be responsible for loss or damage to the system. The communicating device(s) shall remain the sole property of AIDANT. 4. It is agreed to and understood by AIDANT and CUSTOMER that this Agreement constitutes the entire agreement between the parties, and there are no verbal understandings changing or modifying any of the terms of this Agreement. This Agreement may not be changed, modified or varied except in writing signed by an authorized representative of AIDANT. CUSTOMER hereby acknowledges that he has read and understands this entire Agreement, including the terms and conditions, particularly paragraph (11). 5. CUSTOMER shall carefully and properly set the alarm each night or at such other times as CUSTOMER shall close his premise. CUSTOMER shall carefully and properly test the intrusion alarm system prior to each closed period and shall immediately report to 602-433-1271 any deficiency or failure of the system. AIDANT shall make such Billed, due and payable in advance Thank you for your business! 3 of 4 repairs as shall be necessary as soon after receipt of such notice as is reasonably possible. Repair and service is provided only to monitoring equipment provided by AIDANT and does not extend to any portion of the premises or equipment to which the system is attached or connected. The maintenance of equipment is to be provided in a separate maintenance agreement. CUSTOMER shall permit AIDANT access to the premises during regular business hours and at all other reasonable times for any reason arising out of or in connection with the obligations of AIDANT under this Agreement. 6. CUSTOMER agrees to furnish to AIDANT forthwith a list of names, titles, residence addresses, residence phone numbers, and signatures of all persons authorized to enter the premises of CUSTOMER during the regular scheduled closed period. All changes, revisions, and modifications to the list shall be supplied to AIDANT in writing. 7. The monitoring station, upon receipt of an alarm signal from the premises of the CUSTOMER, shall, without warranty make every reasonable effort to do the following, unless otherwise instructed in writing by the CUSTOMER. (a) Upon receipt of an intrusion alarm signal or holdup alarm signal, shall transmit the alarm to the Public Police Department and notify the CUSTOMER by calling the telephone number provided to AIDANT in writing by the CUSTOMER. (b) Upon receipt of a sprinkler water flow, smoke, or heat signal, transmit the alarm to the Public Fire Department and notify CUSTOMER by calling the telephone number provided to AIDANT in writing by the CUSTOMER. (c) Upon receipt of a monitor signal, notify CUSTOMER by calling the telephone number provided to AIDANT in writing by the CUSTOMER. 8. A fee will be charged for any false alarm or unnecessary service run created by the CUSTOMER. If AIDANT shall be assessed any fine or penalty by any municipality as a result of a false alarm from the customer’s premises, CUSTOMER shall be responsible to pay or reimburse AIDANT for the full amount of the charge. All unforeseen charges from municipalities or agencies will be the sole responsibility of the CUSTOMER. 9. Should any part of the system be damaged by fire, water, vandalism, acts of God, or any cause beyond the control of AIDANT, any repairs or replacements shall be paid for by the CUSTOMER. Upon termination of this Agreement for any reason whatsoever, including CUSTOMER default in payment, AIDANT shall have the right, at its option, to enter the premises and remove equipment belonging to AIDANT and/or reprogram the system so as to terminate the alarm signal from transmitting to the U.L. approved monitoring station. 10. This agreement maybe suspended or canceled, without notice and without liability or penalty, at the option of AIDANT in the event the equipment is destroyed by fire or by any other means, or is so substantially damaged that it is impractical to continue service; or in the event that AIDANT is unable to either secure or retain connections or privileges necessary for the transmission of signals between CUSTOMER’S premises and monitoring station or Public Police Department and Public Fire Department for any reason whatsoever. AIDANT assumes no liability for delay in installation of the system, or interruption of services due to strikes, riots, floods, fires, acts of God, or any cause beyond the control of AIDANT. AIDANT will not be required to provide service to CUSTOMER while interruption of service due to any such cause shall continue. 11. AIDANT does not represent or warrant that the system may not be circumvented or compromised, or that the system will in all cases provide the protection for which it is installed or intended. It is agreed that AIDANT is not an insurer. Insurance, if any, will be obtained by the CUSTOMER and the payments hereinbefore specified are based solely on the value of the services herein described and are unrelated to the value of the CUSTOMER’S property or others located on CUSTOMER’S premises. IT IS NOT THE INTENTION OF THE PARTIES THAT AIDANT ASSUME RESPONSIBILITY FOR ANY LOSS DUE TO AIDANT’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR FOR ANY LOSS OR DAMAGE SUSTAINED THROUGH BURGLARY, THEFT, HOLD-UP, FIRE, OR ANY OTHER CAUSE. Because of the nature of the services to be performed, it is impractical and extremely difficult to fix the actual damages, if any, which may 4 of 4 proximately result from failure on the part of AIDANT to perform any of its obligations under this Agreement, or from the failure of the system to operate properly. Therefore, if notwithstanding the above provisions, there shall at any time be, or arise, any liability on the part of AIDANT by virtue of this Agreement, whether due to the negligence of AIDANT or otherwise, such liability shall be limited to the sum of one hundred fifty dollars ($150.00). This sum shall be paid and received as liquidated damages and not as a penalty, and such liability shall be complete and exclusive. 12. CUSTOMER does hereby for himself and any other parties claiming under him, release and discharge AIDANT from and against all hazards covered by CUSTOMER’S insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against AIDANT. 13. CUSTOMER agrees to and shall indemnify and save harmless AIDANT, its employees and agents, for and against any claims, suits, losses, demands, and expenses arising from any death of or injury to any person or any loss or damage to property occasioned or alleged to be occasioned by AIDANT’S performance or failure to perform its obligations under this Agreement, whether due to AIDANT’S negligence, or otherwise, or through burglary, theft, robbery, fire, or any other cause. 14. In the event it shall become necessary for AIDANT to institute legal proceedings to collect the cost of installation, the system, or monthly service charge as set forth herein, the CUSTOMER, due to default, will be liable to AIDANT for the remaining amount due per this Agreement, plus cost of collection, including attorney’s fees. 15. This Agreement is not assignable by the CUSTOMER without prior written consent of AIDANT. No waiver by AIDANT of any provision herein shall constitute a waiver of any other breach or of such provision. All prior agreements between the parties or their predecessors pertaining to the protection services specified in this Agreement are superseded by this Agreement. 16. In the event this Agreement is canceled by the CUSTOMER, prior to the start-up of monitoring, CUSTOMER shall reimburse AIDANT for all costs incurred. 17. Payment is due and payable within ten (10) days of the stated billing date. Finance charges on past due accounts will be computed by a periodic rate of 1.5 per month, which is an annual percentage rate of 18. 18. AIDANT may subcontract all or part of this Agreement at any time as the need arises. IN WITNESS WHEREOF, AIDANT and CUSTOMER have caused this Agreement to be signed by their duly authorized representatives below. This Agreement, including the terms and conditions listed above on this Agreement which are incorporated herein and by reference made a part hereof, are acceptable. CUSTOMER AIDANT By: _______________________ By: ____________________ Title: PROJECT MANAGER Title: _____________________ Date: _____________________ Rachael Goodwin (Oct 9, 2023 12:51 CDT) Rachael Goodwin Town Manager 10/09/2023 Town Clerk 5 of 4 1 of 4 AIDANT SECURITY Division of Aidant Fire Protection Company MONITORING AGREEMENT THIS AGREEMENT, made this _______ day of, July, 2023 between AIDANT SECURITY, 15836 N. 77th STREET, SCOTTSDALE, ARIZONA 85260 (Hereinafter called “AIDANT”), and (Hereinafter called “CUSTOMER”) WITNESSETH: For and in consideration of the mutual covenants and agreements and of payments hereinafter mentioned, the parties hereto agree as follows: 1. AIDANT agrees to install equipment, as may be necessary to provide a monitoring service, without liability and not as an insurer during the term of this agreement, the devices hereinafter sometimes referred to as the “system”, set forth in the schedule of equipment on the premises of the CUSTOMER located at: COMMUNITY CENTER 13001 N LA MONTANA DR FOUNTAIN HILLS, AZ 85268 TOWN HALL BUILDING 16705 E AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 2. The Monitoring Service shall be as listed in the Schedule of Equipment and shall be provided for a monthly charge of $30.00/Mo plus telecommunications tax per account. THE TOWN OF FOUNTAIN HILLS 16705 E AVE OF THE FOUNTAINS FOUNTAIN HILLS, AZ 85268 SCHEDULE OF EQUIPMENT AND MONITORING SERVICE OF DURESS SYSTEMS Off-Site monitoring @ $30.00/Month - $360.00 annually per site (2 accounts $60.00/Month - $720.00 annually) Billed, due and payable in advance Thank you for your business! 2 of 4 CUSTOMER agrees pay for the equipment and/or installation (excluding communicating device) on completion of the installation of system. CUSTOMER agrees to pay a monthly fee of $30.00 each year in advance for a period of (1) year per account. Payment shall be made as follows: BILLABLE NET 10 DAYS C.O.D. CHECKING AUTOMATIC PAYMENT MASTERCARD VISA AMERICAN EXPRESS After the initial (1) year(s), the Agreement shall renew itself every (1) year at the same monthly rate or a change in the monthly rate upon 30 days notification prior to the expiration of the (1) year agreement. Either party shall notify the other party thirty (30) days prior to automatic renewal of this Agreement, with written notice of its intention to terminate. The payments set forth are plus applicable taxes and do not include telephone company line charges. 3. Customer authorizes AIDANT to install or cause to be installed the system as specified in the schedule of equipment, including connections necessary to transmit the necessary signals from the premises of CUSTOMER to a listed monitoring station. Any and all signals transmitted over telephone company lines are wholly beyond the control and jurisdiction of AIDANT and are maintained and serviced by the applicable telephone company or utility. Any claim by CUSTOMER of improper installation or a defect in the system must be given in writing to AIDANT within ten (10) days from installation completion. If power is required, CUSTOMER agrees to furnish 110v A.C. power dedicated circuit at its expense. The entire system, including all devices listed in the Schedule of Equipment, and all instruments, appliances, connections, wires, conduits, and other material associated therewith, except the communicating device and telephone company lines, is and shall at all times remain the sole property of AIDANT, until such time as customer shall pay for the installation in full. Customer shall be responsible for loss or damage to the system. The communicating device(s) shall remain the sole property of AIDANT. 4. It is agreed to and understood by AIDANT and CUSTOMER that this Agreement constitutes the entire agreement between the parties, and there are no verbal understandings changing or modifying any of the terms of this Agreement. This Agreement may not be changed, modified or varied except in writing signed by an authorized representative of AIDANT. CUSTOMER hereby acknowledges that he has read and understands this entire Agreement, including the terms and conditions, particularly paragraph (11). 5. CUSTOMER shall carefully and properly set the alarm each night or at such other times as CUSTOMER shall close his premise. CUSTOMER shall carefully and properly test the intrusion alarm system prior to each closed period and shall immediately report to 602-433-1271 any deficiency or failure of the system. AIDANT shall make such repairs as shall be necessary as soon after receipt of such notice as is reasonably possible. Repair and service is provided only to monitoring equipment provided by AIDANT and does not extend to any portion of the premises or equipment to which the system is attached or connected. The maintenance of equipment is to be provided in a separate maintenance agreement. CUSTOMER shall permit AIDANT access to the premises during regular business hours and at all other reasonable times for any reason arising out of or in connection with the obligations of AIDANT under this Agreement. 6. CUSTOMER agrees to furnish to AIDANT forthwith a list of names, titles, residence addresses, residence phone numbers, and signatures of all persons authorized to enter the premises of CUSTOMER during the regular scheduled closed period. All changes, revisions, and modifications to the list shall be supplied to AIDANT in writing. 3 of 4 7. The monitoring station, upon receipt of an alarm signal from the premises of the CUSTOMER, shall, without warranty make every reasonable effort to do the following, unless otherwise instructed in writing by the CUSTOMER. (a) Upon receipt of an intrusion alarm signal or holdup alarm signal, shall transmit the alarm to the Public Police Department and notify the CUSTOMER by calling the telephone number provided to AIDANT in writing by the CUSTOMER. (b) Upon receipt of a sprinkler water flow, smoke, or heat signal, transmit the alarm to the Public Fire Department and notify CUSTOMER by calling the telephone number provided to AIDANT in writing by the CUSTOMER. (c) Upon receipt of a monitor signal, notify CUSTOMER by calling the telephone number provided to AIDANT in writing by the CUSTOMER. 8. A fee will be charged for any false alarm or unnecessary service run created by the CUSTOMER. If AIDANT shall be assessed any fine or penalty by any municipality as a result of a false alarm from the customer’s premises, CUSTOMER shall be responsible to pay or reimburse AIDANT for the full amount of the charge. All unforeseen charges from municipalities or agencies will be the sole responsibility of the CUSTOMER. 9. Should any part of the system be damaged by fire, water, vandalism, acts of God, or any cause beyond the control of AIDANT, any repairs or replacements shall be paid for by the CUSTOMER. Upon termination of this Agreement for any reason whatsoever, including CUSTOMER default in payment, AIDANT shall have the right, at its option, to enter the premises and remove equipment belonging to AIDANT and/or reprogram the system so as to terminate the alarm signal from transmitting to the U.L. approved monitoring station. 10. This agreement maybe suspended or canceled, without notice and without liability or penalty, at the option of AIDANT in the event the equipment is destroyed by fire or by any other means, or is so substantially damaged that it is impractical to continue service; or in the event that AIDANT is unable to either secure or retain connections or privileges necessary for the transmission of signals between CUSTOMER’S premises and monitoring station or Public Police Department and Public Fire Department for any reason whatsoever. AIDANT assumes no liability for delay in installation of the system, or interruption of services due to strikes, riots, floods, fires, acts of God, or any cause beyond the control of AIDANT. AIDANT will not be required to provide service to CUSTOMER while interruption of service due to any such cause shall continue. 11. AIDANT does not represent or warrant that the system may not be circumvented or compromised, or that the system will in all cases provide the protection for which it is installed or intended. It is agreed that AIDANT is not an insurer. Insurance, if any, will be obtained by the CUSTOMER and the payments hereinbefore specified are based solely on the value of the services herein described and are unrelated to the value of the CUSTOMER’S property or others located on CUSTOMER’S premises. IT IS NOT THE INTENTION OF THE PARTIES THAT AIDANT ASSUME RESPONSIBILITY FOR ANY LOSS DUE TO AIDANT’S NEGLIGENT PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT OR FOR ANY LOSS OR DAMAGE SUSTAINED THROUGH BURGLARY, THEFT, HOLD-UP, FIRE, OR ANY OTHER CAUSE. Because of the nature of the services to be performed, it is impractical and extremely difficult to fix the actual damages, if any, which may proximately result from failure on the part of AIDANT to perform any of its obligations under this Agreement, or from the failure of the system to operate properly. Therefore, if notwithstanding the above provisions, there shall at any time be, or arise, any liability on the part of AIDANT by virtue of this Agreement, whether due to the negligence of AIDANT or otherwise, such liability shall be limited to the sum of one hundred fifty dollars ($150.00). This sum shall be paid and received as liquidated damages and not as a penalty, and such liability shall be complete and exclusive. 12. CUSTOMER does hereby for himself and any other parties claiming under him, release and discharge AIDANT from and against all hazards covered by CUSTOMER’S insurance, it being expressly agreed and understood that no insurance company or insurer will have any right of subrogation against AIDANT. 4 of 4 13. CUSTOMER agrees to and shall indemnify and save harmless AIDANT, its employees and agents, for and against any claims, suits, losses, demands, and expenses arising from any death of or injury to any person or any loss or damage to property occasioned or alleged to be occasioned by AIDANT’S performance or failure to perform its obligations under this Agreement, whether due to AIDANT’S negligence, or otherwise, or through burglary, theft, robbery, fire, or any other cause. 14. In the event it shall become necessary for AIDANT to institute legal proceedings to collect the cost of installation, the system, or monthly service charge as set forth herein, the CUSTOMER, due to default, will be liable to AIDANT for the remaining amount due per this Agreement, plus cost of collection, including attorney’s fees. 15. This Agreement is not assignable by the CUSTOMER without prior written consent of AIDANT. No waiver by AIDANT of any provision herein shall constitute a waiver of any other breach or of such provision. All prior agreements between the parties or their predecessors pertaining to the protection services specified in this Agreement are superseded by this Agreement. 16. In the event this Agreement is canceled by the CUSTOMER, prior to the start-up of monitoring, CUSTOMER shall reimburse AIDANT for all costs incurred. 17. Payment is due and payable within ten (10) days of the stated billing date. Finance charges on past due accounts will be computed by a periodic rate of 1.5 per month, which is an annual percentage rate of 18. 18. AIDANT may subcontract all or part of this Agreement at any time as the need arises. IN WITNESS WHEREOF, AIDANT and CUSTOMER have caused this Agreement to be signed by their duly authorized representatives below. This Agreement, including the terms and conditions listed above on this Agreement which are incorporated herein and by reference made a part hereof, are acceptable. CUSTOMER AIDANT By: _______________________ By: ____________________ Title: PROJECT MANAGER Title: _____________________ Date: _____________________ Rachael Goodwin (Oct 9, 2023 12:51 CDT) Rachael Goodwin Town Manager 10/09/2023 Town Clerk