CM-2021-063 - 2/26/2021ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
e.nTe(m
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469) 522-6000
State License No. B06910
SUBSCRIBER ! BUYER NAME AND ADDRESS:
Name Fire Station #3
street 1991 Rawhide
City, state Round Rock, TX zip Code78681
(Area Code) Telephone Number (512) 218-5597 work Number(512) 218-5597
I. MONITORING SERVICES SUBSCRIPTION
A. Monitoring Fees
1. Entach Sales and Service, Inc., a Texas corporation ('Seller'), shag provide monitoring services as described herein subject to the terms and conditions set forth In this contract. Buyer Shan pay a
monitoring fee as set forth in sub -section A.2. below (ihe'monitoring feel and such additional charges as set forth herein (Including, without Ilrnitadw. maintenance fees and charges).
2. Buyer shall have the option of prepaying the monthly monitoring fee according to the following schedule:
$30 Monthly or $90.00 quarterly or $360.00 annually
B. Tenn
1. The term of this contract shall be month to month beginning ,lamrary 2021 and shall renew automatically upon the expiration of each successive term except that either
party shall have the option to terminate this contract by delivery of written notice by oeRnied mail, return receipt requested, to the other party at least thirty days prior to the expiration of any term.
Notwithstanding the foregoing. Buyer shag have the right to prepay the monitoring foe as described In Subsection IA.2. above.
2. If Buyer terminates this contract prior to the expiration of ( 12 1 months. Buyer shall pay Seger, In addition to any other amounts owed by Buyer to Setter, an amount
equal to three times the monthly monitoring fee In effect as of the date of termination to compensate Seller for such early termination. The foregoing three month payment Is In addition to, and not in lieu
of, any other damages Seger may Incur as a result of Buyers termination under this contract.
C. Additional Charges
I. Sellers monitoring too Is subject to periodic adjustments provided that Buyer Is given written notice thereof at least thirty days prior to the effective date of such adjustment Notwithstanding any
other provision hereof and provided Buyer is not In default hereunder. Buyer shag have the option to terminate this contract by delivery of written notice by certified mail, return recelpt requested to
Seller within fifteen days after notice of adjustment Is received. Buyers (allure to timely deliver such written notice of termination to Seller shall constitute acceptance of the adjusted monitoring fee.
2. Buyer shall bear all costs Incurred In responding to proper activation of the alarm signaling system. Including, without limitation all telephone company response charges and police, fire department
or private security patrol dispatch charges.
H. DAMAGES AND LIABILITY PROVISIONS
A. General
1. BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY, THEFT,
FIRE AND OTHER EMERGENCIES AND NOT FOR THE PURPOSE OF PREVENTING SUCH OCCURRENCES AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Buyer shall maintain adequate Insurance coverage for the premises and Its contents for losses adsing from burglary. theft, robbery, fire, water damage, Acts of God and other reasonably foreseeable
causes.
3. Buyer shell comply with an reasonable requests and guidelines of Seiler regarding use and operation of the alarm signaling system.
B. Liability
1. Seger Is not an Insurer and payments described herein are based solely upon the value of the services herein described not upon the value of the property to be protected. It Is not the Intent of the
parties that Seger assume responsibility for any loss or damage caused by burglary, theft, robbery, fire. Acts of God or other causes. Notwithstanding the above provisions If any liability should arise on
the part of Seger under this contract whether due to equipment malfunctions, signal Interruptions, Acts of God, the negligence of Seller or otherwise, such liabalty shall be limited to the lesser of $250.00
or six (6) times the monthly service charge, which sum shall be paid and received as liquidated damages. Buyer acknowledges that any such liability as hereln set forth Is fixed as liquidated damages
and this recovery shall be complete and exclusive.
2. Buyer agrees to and shall Indemnify and hold harmless Seller, Its employees. agents and subcontractors from and against ag claims, lawsuits and losses, Including reasonable attorneys' fees.
asserted against and alleged to be caused by Seller's performance, negligent performance or failure to perform Its obligations under this contract
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
EXECUTED at Austin . Texas, on thls22—day of d-z &- —.2
BUYER:
By:
By: f `
EntechSates and Service, Inc.
By:
6m, -2 6)2 C)&-�
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas Board of Private Imrestlgatcrs and Private Secursies Agencies. P.O. Box 13509, Austin, Texas 78704. 512/475.39"
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay all fines, penalties and charges levied against Seller or Buyer for any false alarms. Buyer shail cooperate with Seller
to determine the cause or source of any false alarms and to prevent the occurrence of any further false alarms.
B. Dispatch of Authorities
If more than five false alarms which result in the dispatch of local authorities occur within any twelve month period, Seller shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Its decision to cease the dispatch of local authorities due to excessive false alarms.
C. Obligation as to Use and Maintenance of the System
1. Buyer shall fully and accurately disclose to Seller the information requested In the Emergency Contact Information Sheet furnished
to Buyer and shall update such Information In writing. Buyer acknowledges that such information Is essential to the performance of
Seller's obligations under this contract and that Seiler shall attempt to contact only the designated Individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (I) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (ii) maintaining the telephone lines connecting the premises In proper working order (W) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system In proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seiler with the assigned permit number. Buyer shall Imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller Immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report, Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures furnished to Buyer upon its execution of this contract.
2. All telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seller.
E. Alarm Transmission
1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyer's premises to Sellers Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirely by factors totally beyond Sellers control. For example, Buyer acknowledges that In the event alarm
signals are not received as a result of a disconnection, malfunction or other Interruption of the telephone service or any other
transmission facility(les), Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication In progress at the time the alarm
system Is activated.
4. Buyer shall provide and pay for all telephone or alternate transmission facility charges and tariffs and any Increase in or addition to
such charges and tariffs.
F. Default
1. The Buyer shall be In default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contract,
Including, without limitation, all maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract.
c. Failure to obtain and maintain in full force any and all permits or licenses required by any governmental authority Including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyers default under any lease covering the premises upon which the RF Transmitter Unit is located or Installed.
e. Loss, theft or substantial damage or Injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of c redltcrs or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or In equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, vold or unenforce-
able, the remainder of this contract shall remain in full force and effect and shall in no way be affected, Impaired or Invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or In writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this contract
acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not contained herein, and that no other agreement, statement or promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seiler until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, in whole or In part, at any time by Seiler and without the consent of Buyer. Any such assignment shall
not relieve Seller of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or Interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs In addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
e..,nTAC-H1
SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469)522-6000
State License No. B06910
SUBSCRIBER I BUYER NAME AND ADDRESS:
M,reo Fire Station #5
Street 350 Deepwood Dr.
City, State Round Rock, TX 78681
Zip Code
(Area Cade) Telephone Number (512) 218-5587 Work Number(512) 218-5587
1. MONITORING SERVICES SUBSCRIPTION
A Monboring Fees
1. Entech Sales and Serves. Inc, a Teas a mporetion ('Salle/), shall provide monitoring services as asserted! herein Subject to the terms and conditions set fond In this contract Buyer shall pay a
monilarirg fee as set forth In sub-sedlon A2. below (Ihe'monllodlg fee) and such additional charges as set forth herein (including, wthoul Umilation, maintenance fees and charges).
2. Buyer shall have the option of prepaying the menthty monitoring fee accounting to vie fallowing schedule:
S30 Manthly or $90,00 quarterly or $360.00 annually
B. Term
1. The term of Nis contrast shall be month to month beginning '1en1er22021 and shall renew aulomatinlly upon the expiration of each successive term except Nat either
parry shall have to option to terminate this wnl2cl by delivery of vessel, notes by edified mail, reNm receipt requested, 0 the other party at leas( thirty days prior to Me expiration of any been.
NoWthstanding the foregaing, Buyer shall have Me fight to prepay the ronituring fee as described in Subsection IA2. above.
2. H Buyer laminates this contract prior to the expiration of ( 12 1 months. Buyer shall pay Seller, in addition la any other amounts awed by Buyer b Seller, an amount
equal W three times the monthly monitoring fee In effect as a the data of lemdnation to compensate Seller for such early termnaton. The foregoing three month payment is In addition to, and not in lieu
Of, any over damages Seller may inwr as a result of Buyers termination under this contras.
C. Additional Charges
1. Sellers Monitoring fee is subled 10 penodic adjustments provided that Sayer Is given mitten nag" thereof at least thirty days prior to Me effective data of such adjustment. No vit standing any
other provision hereof and provided Buyer is not in default hereunder. Buyer She have Me option Iq terminate this soared by delivery of vaiden noon by certified mail, return receipt requested to
Seger within fifteen days after notice of adjustment Is received. Buyers failure 0 timely tlaiver such witan notice of termination b Seller shall constitute acceptance of Me adjusted monitoring fee.
2. Buyer shall bear all costs Incumed in responding to proper achvation of Me alarm signaling system. Induding, without limitation all telephone company response charges and polies, fire department
ar private saeurity, pa4ol dispatch shanties.
II. DAMAGES AND LIABILITY PROVISIONS
A Ganarel
1. BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY. THEFT,
FIRE AND OTHER EMERGENCIES AND NOT FOR THE PURPOSE OF PREVENTING SUCH OCCURRENCES AND SELLER SHALL NOT BE RESPONSIBLE FOR MY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Buyer shall maintain adequate insurance coverage for the premises and Its contents for losses arising M1nm burglary, theft, robbery, fire, water damage, Ads of God and other reasonably foreseeable
causes.
3. Buyer shall comply wdh all reasonable requests and guidelines of Seger regarding use and anomalies of Me alarm signaling system.
B. Liability
1. Seller is not an insurer and payments described herein are based solely upon Me value of Me services herein described not upon Me value of the property to be protected. It Is not vie Intent of the
paves Mat Bailer assume responsibility for any loss or damage caused by burglary. Men, robbery, fire. Ads of God or other causes. Nobvithstandng the above provisions if any liability Should arise on
Me Part of Seller under this canlred whether due to equipment malfunctions, signal interruptions, Ads of God, Me negligence of Seller w otherwise, such linaggly shall be limited to Me lesser of $250.00
w six (6) times to monthly aeMce charge, which won shall be paid and received as liquidated damages. Buyer acknowledges that any Such liabgiry as herein set fond is fixed as liquidated damages
and this recovery shall be complete and exclusive.
2. Buyer agrees 1a and shell indemnify and hold harmless Seller, its employees, agents and subceraddors from and against an dahns. lawwits and losses, Induding reasonable aaomeyi fees,
assMed against and alleged to be nosed by Sellers performann, negligent performance or Pdilure to perform Its obligations under this contrast.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THIS AGREEMENT.
AUStIn ,Teas,onthi.Z- Ceyof f ✓b 2�1/
BUYER: EnteenSales and Service, Inc.
BY: By:
By
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
Texas BOOM at Pimam Imasta ion and Private SawMles Agendas. P.O. Box 13509. Man. Taxes )BTBO, 512/67S3W
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay all fines, penalties and charges levied against Seller or Buyer for any false alarms. Buyer shall cooperate with Seller
to determine the cause or source of any false alarms and to prevent the occurrence of any further false alarms.
B. Dispatch of Authorities
If more than five false alarms which result in the dispatch of local authorities occur within any twelve month period, Seller shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Its decision to cease the dispatch of local authorities due to excessive false alarms.
C. Obligation as to Use and Maintenance of the System
1. Buyer shall fully and accurately disclose to Seiler the information requested in the Emergency Contact Information Sheet fumished
to Buyer and shall update such information in writing. Buyer acknowledges that such information is essential to the performance of
Sellers obligations under this contract and that Seller shall attempt to contact only the designated Individuals at the telephone number
indicated on the Emergency Contact Information Sheet.
2. Buyer Shalt be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (1€) maintaining the telephone lines connecting the premises in proper working order (ill) providing and maintaining an
adequate source of power to the system and (iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seller with the assigned permit number. Buyer shall imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seller shall make reasonable effort to undertake the procedure described In the monitoring
Response Procedures famished to Buyer upon its execution of this contract.
2. All telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seller.
E. Alarm Transmission
1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyers premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be Interrupted
distorted or eliminated entirely by factors totally beyond Sellers control. For example, Buyer acknowledges that in the event alarm
signals are not received as a result of a disconnection, malfunction or other Interruption of the telephone service or any other
transmission facility(les). Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate transmission facility charges and tariffs and any Increase in or addition to
such charges and tariffs.
F. Default
1. The Buyer shall be in default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seller as contemplated by this contract,
including, without limitation, all maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract.
c. Failure to obtain and maintain In full force any and all permits or licenses required by any governmental authority including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyers default under any lease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss, theft or substantial damage or Injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage. Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract Immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
N. CONSTRUCTtON AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, void or unenforce-
able, the remainder of this contract shall remain in full force and effect and shall in no way be affected, impaired or Invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this contract
acknowledges that no representations, Inducements, promises or agreements, oral or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not contained herein, and that no other agreement, statement or promise not contained
in this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seller of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
enneo"t SALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469)522-6000
State License No. B06910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name Fire Station #7
Street 4025 N. Mays
City, State Round Rock, TX
78665
(Area Code) Telephone Number (512) 671-2788 Work Number (512) 671-2788
SUBSCRIPTION
A Monitoring Fees
1. Entech Sales and Smilm. Inc., a Texas corporation ('Seger), shall provide monitoring Services as described herein subject to the leans and conditions Set fond in Nis contract. Buyer shall pay a
monitoring fee as set tarn In suFsection A2. below (Me 'monitoring fee-) and such additional charges as set forth herein (Including. without Ilmilabon, malnterance fees and charges).
2. Buyer shall have the option of prepaying the monthly marketing fee worming to the foimang schedule:
$30 Monthly or $90.00 quarterly or $360.00 annually
B. Tame
1. The term of Nis contract shall be month to month beginning January 2021 and Shall renew aulomatiwlly upon the expiration of each successive term except Nat either
Party shall have the option to terminate MIS contract by delivery of wrillen notice by candied mall, realm receipt nucleated, to the other pad at least Miry, days prior to the expiration of any lens.
NoWthtending the foregoing. Buyer shall have the right to prepay Me monitoring fee as described in Subsection I.A.2. above.
2 If Buyer terminates this conned pier to the expiration of f 12 ) agents. Buyer shall pay Seller, in addition to any other amounts owed by Buyer N Soler, an amount
equal 0 three More the monthly monitoring fee In effect as of Me data of termination In compensate Seller for Such eady Immigration. The foregoing three month payment Is In addition to, and not in lieu
of. any other damages Sel& may incur as a result of Buyer's tsmunallon under this contract.
C. Adtlelonal Charges
1. Sellers armitodng fee is subject to periodic adjustments provided Nat Buyer is given mitten notice Hereof at least thirty days price to Me effective data of such adjustment. Notwithstanding any
other provision hereof and provided Buyer is not in default hereunder. Buyer shall have Me option to marinate Nis contract by delivery of urglim notice by ceNMed mall, realm receipt requested to
Seller within fifteen days after notice of adjustment is received. Buyers failure to lmey deliver Such"llen notice of termination to Seller shall constitute acceptance of the adjusted monitoring tea.
2. Buyer shall bear all costs incurred In responding to Proper activation of the along signaling system. Including, without limitation all telephone company response charges and police, fire department
or private secudly pahad dispatch charges.
IL DAMAGES AND LIABILITY PROVISIONS
A General
1. BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY. THEFT,
FIRE AND OTHER EMERGENCIES AND NOT FOR THE PURPOSE OF PREVENTING SUCH OCCURRENCES AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Buyer shall maintain adequate insurance coverage lar the premises and its contents for losses arising from burglary, Nett, robbery, fire, water damage, Acts of God and other reasonably foreseeable
poses.
3. Buyer shall comply mth as reasonable requests and guidelines of Sella regarding use and operation of Me alarm signaling System.
a. Liability
1. Seger is not an Insurer and payments described herein are based solely upon the value of the SeMces heron described not upon Ole value of the property to be pmtedw. It is cot the Intent of the
come that Seger assume responsithlity far any loss or damage caused by burglary. Neff, mbbery, fire, Ads of God or other causes. Notwithstanding the above provisions if any liabiliy should ado on
Me part of Seger under Nis coatrad whether clue to equipment malfunNons, signal interruptions. Aces of God, Me negligence of Seller or otherwise, such liability shall be limited he in. IS., of $250.00
or se; (B) limes the monthly service charge, which sum shall be paid and removed as liquidated damages. Buyer admowtedges that any such Ilobility as herein set fond is Axed as liquidated damages
and this recovery shall be complete and exclusive.
2. Buyer agrees to and shag Indemnify and hold harmless Seller, its employees, agents and subcontractors from and against an claims, lawsuits and losses, including monomial. agomeys' fees,
asserted! against and alleged to be caused by Sellers performance, negligent performance or nations to Perform its obligations under the contract.
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF HISAGREEMEN/TT..1
EHECUTEDat Austin ,Texas, on M,a Yes % 2 L
BUYER
Entexisalas and Service, Inc.
By
By.
By:
m
/
NOTICE: COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO:
/ U/Y/nJr1
Texas Beam of Private Investigators and Private Semdges Agendas, P.O. Box 13509. Amiga. Texas 7e204. 51 V41S3gaa
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay all fines, penalties and charges levied against Seller or Buyer for any false alarms. Buyer shalt cooperate with Seller
to determine the cause or source of any false alarms and to prevent the occurrence of any further false alarms.
B. Dispatch of Authorities
If more than five false alarms which result in the dispatch of local authorities occur within any twelve month period, Seller shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Us decision to cease the dispatch of local authorities due to excessive false alarms.
C. Obligation as to Use and Maintenance of the System
1. Buyer shall fully and accurately disclose to Seller the Information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such information in writing. Buyer acknowledges that such information is essential to the performance of
Sellers obligations under this contract and that Seller shall attempt to contact only the designated individuals at the telephone number
Indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (11) maintaining the telephone lines connecting the premises in proper working order (III) providing and maintaining an
adequate source of power to the system and (Iv) all other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seller with the assigned permit number. Buyer shall imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seller shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon its execution of this contract.
2. All telephone calls and conversations which are received by Sellers monitoring facility shall be recorded by Seiler.
E. Alarm Transmission
1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyers premises to Sellers Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit. Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirely by factors totally beyond Seller's control. For example, Buyer acknowledges that in the event alarm
signals are not received as a result of a disconnection, malfunction or other interruption of the telephone service or any other
transmission facility(ies). Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication in progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate transmission facility charges and tariffs and any increase in or addition to
such charges and tariffs.
F. Default
1. The Buyer shall be in default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seiler as contemplated by this contract,
Including, without limitation, all maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract.
c. Failure to obtain and maintain in full farce any and all permits or licenses required by any governmental authority including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyers default under any lease covering the premises upon which the RF Transmitter Unit Is located or installed.
e. Loss, theft or substantial damage or Injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default.
IV. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
if any term, provision„ covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, void or unenforce-
able, the remainder of this contract shall remain in full force and effect and shall In no way be affected, impaired or invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this contract
acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not contained herein, and that no other agreement, statement or promise not contained
in this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seller of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party in any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attorneys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
�hTAC-ti�
BALES
AND
SERVICE
Corporate Office
3404 Garden Brook Drive, Dallas, TX 75234
(469)522-6000
State License No. B06910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name Water Treatment Plant Chlor Building
5200 N. IH 35
City, State Georgetown, TX zip code78626
(Area Code) Telephone Number 512-218-5561 Work Number512-218-5561
I. MONITORING SERVICES SUBSCRIPTION
A Moment g Fees
1. Enlech Sales and Service. Inc., a Texan mrporetion ('Seller'), shall provide monitoring services as described herein subject to Me terme and conditions set form in this contract Buyer shall pay a
monitoring fee as set farm in arts -section A2. below (to 'monitoring fee') and such additional charges as set lama herein (including, wilhaut limitation, maintenance fees and charges).
2. Buyer shag have the option of prepaying Me monthly monitoring fee according to the rdlowtng schedule:
S30 Monthly or SM1.00 quavery or $360.00 annually
B. Term
1. The term of Mia wnlmd shall be month to month beginning ti'rn0iyp11 and shall renew automatically upon Me expiration of each successive term except that either
Path shall have the option to terminate this contred by delivery of widen notice by certified mail, MWm mceipl fequested, 0 the other party at least May days prior W Me expiration of any lean
NoNnMstanding Me foregoing. Buyer shall have Me right to Prepay Me monitoring fee as described In Subsection IA.2. above.
2. 0 Buyer temdnates Oils contract prior to the expiration of 172 1 months. Buyer shall pay Setter, In addition to any other amounts owed by Buyer to Seller, an amount
equal to three Ones the rror mly monitoring fee In effect as of the date of lamination to compensate Seller for such early termination. The foregoing three month payment is in addition to, and not in Feu
of, dry, other damages Seller may Incur as a result of Buyers lrmination under this conbad.
C. Additional Charges
1. Sellers monitoring fee is subject to padodic adjustments provided that Buyer is given written robed thereof at least thirty clays prior to the effective data of sudr adjustment. NotaAmSbnding any
other provision hereof and provided Buyer Is not in default hereunder, Buyer shall have to option to terminate this contract by delivery of midge noted, by nrtified mail, realm receipt requested he
Sher within rumen clays after notes of adjustment is received. Buyees failum to timely de iver such writen no od of termination to Shcarshall constitute acceplancoof the adjusteci monitmig fee.
2. Buyer shall bear all costs Incurred In responding 0 proper activafion of Me alaml signaling system. Including, without gestation all telephone company response cages and pairs, fire department
or private secodly patrol dispatch charges.
II. DAMAGES AND LIABILITY PROVISIONS
A. General
1. BUYER ACKNOWLEDGES THAT THE ALARM SYSTEM AND SERVICES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING OCCURRENCES OF FORCED ENTRY, THEFT,
FIRE AND OTHER EMERGENCIES AND NOT FOR THE PURPOSE OF PREVENTING SUCH OCCURRENCES AND SELLER SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS
CAUSED BY SUCH OCCURRENCES.
2. Buyer shall deal adequate Insurance emeage for the premises and as contents for lasses arising from burglary, Matt. archery, fire, rimer damage, Ads of Gad and other reasonably foreseeade
noses.
3. Buyer shall comply with all rewardable requests and guidelines of Seller regarding use and opeagon of Me alarm signaling system.
B. Liability
1. Seller Is not an insurer and payments described herein are based solely upon Me value of to services herein described not upon the value of Me property to be protected. It is net the intent of the
Parties Mat Sctlor assume responsibility for any loss or damage caused by burglary. Matt. robbery, fire. Ads of God or other nuns. Notunthslarding Me above Provisions if any liability should arise an
Me pad of Seller under Mid contact whether due to equipment malWnebome. signal interrupters, Ads of God. Me negligence of Seller or oNewnae, such liability shall be limited to Me lesser of $250.00
ar as (6) lamed me monthly service chege, which sum shall be paid and revived as liquidated damages. Buyer acknowledges Mat any such lability as herein set form is fixed as liquidated damages
and this recovery shall be complete and exclusive.
2. Buyer agrees to and shall Indemnify and hold harmless Seller, its employees, agents and subconbactore from and against all claims, lawsu9s and tosses, including reasonable attorneys fees,
assorted against and alleged to be caused by Before peHamanv, negligent performance or failure to Perform Its obligations under this contact
SEE ADDITIONAL TERMS AND CONDITIONS ON THE REVERSE SIDE HEREOF WHICH ARE FULLY INCORPORATED AND A PART OF THI$ AGREEMENT.
K
E%ECUTEDat Austin ,Texas on this deyef IN I ,20
f
EntechSalea and Serviv, Inc.
By.
' NOTICE COMPLAINTS OR INQUIRIES REGARDING ENTECH SALES AND SERVICE, INC. MAY BE DIRECTED TO
Taxes BoaN of Private bwea leftes anal Private S..,sw Agenda, P.O. Boa 13509. Awl. Teas Ta20q 51NUS11"
III. MONITORING AND DEFAULT PROVISIONS
A. False Alarms
Buyer shall pay all fines, penalties and charges levied against Seller or Buyer for any false alarms. Buyer shall cooperate with Seller
to determine the cause or source of any false alarms and to prevent the occurrence of any further false alarms.
B. Dispatch of Authorities
if more than five false alarms which result in the dispatch of local authorities occur within any twelve month period. Seller shall not be
responsible for dispatching the local authorities unless prior thereto Buyer reasonably satisfies Seller that the cause of the false alarms
has been corrected and Buyer obtains written evidence of Seller's satisfaction. Seller shall make a reasonable effort to notify Buyer of
Its decision to cease the dispatch of local authorities due to excessive false alarms.
C. Obligation as to Use and Maintenance of the System
1. Buyer shall fully and accurately disclose to Seiler the information requested in the Emergency Contact Information Sheet furnished
to Buyer and shall update such information in writing. Buyer acknowledges that such information is essential to the performance of
Seller's obligations under this contract and that Seller shall attempt to contact only the designated individuals at the telephone number
indicated on the Emergency Contact Information Sheet.
2. Buyer Shall be responsible for (i) providing qualified or competent employees of representatives to activate and disarm the alarm
signaling system (H) maintaining the telephone lines connecting the premises in proper working order (ill) providing and maintaining an
adequate source of power to the system and (iv) ail other maintenance requited to keep the alarm signaling system in proper working
condition but Seller shall be responsible for all maintenance and repair of the RF Transmitter Unit (if applicable).
3. Buyer shall obtain all necessary alarm permits (if required) and provide Seller with the assigned permit number. Buyer shall imme-
diately notify Seller by certified mail, return receipt requested of any suspension, termination or revocation of any required permit or
license of Buyer related to the alarm signaling system.
4. Buyer shall Contact Seller immediately upon the occurrence of any defect or malfunction of the system, telephone lines, RF Transmit-
ter Unit or any other component of the system.
D. Alarm Monitoring Procedure
1. In responding to an alarm activation report. Seller shall make reasonable effort to undertake the procedure described in the monitoring
Response Procedures furnished to Buyer upon its execution of this contract.
2. All telephone calls and conversations which are received by Seller's monitoring facility shall be recorded by Seller.
E. Alarm Transmission
1. Buyer acknowledges that Seller cannot provide adequate response to alarms unless a report of the alarm activation is transmitted
from the Buyer's premises to Seller's Central Monitoring Station.
2. Seller disclaims responsibility for the transmission of alarm signals over the telephone or other transmission facilities, including
without limitation, the RF Transmitter Unit Buyer expressly acknowledges that the transmission of alarm signals may be interrupted
distorted or eliminated entirely by factors totally beyond Seller's control. For example, Buyer acknowledges that In the event alarm
signals are not received as a result of a disconnection, malfunction or other interruption of the telephone service or any other
transmission facility(ies), Seller will have no notice or knowledge of the alarm activation.
3. The transmission of the alarm signals will interrupt and disconnect any telephone communication In progress at the time the alarm
system is activated.
4. Buyer shall provide and pay for all telephone or alternate transmission facility charges and tariffs and any increase In or addition to
such charges and tariffs.
F. Default
1. The Buyer shall be In default upon the occurrence of any of the following events or conditions:
a. Failure to timely pay Seller the monitoring fee or any other charges or fees payable to Seiler as contemplated by this contract,
including, without limitation, all maintenance or repair charges.
b. Failure to comply with all material terms and conditions of this contract.
c. Failure to obtain and maintain in full force any and all permits or licenses required by any governmental authority including, without
limitation, all commissions, boards, subdivisions or agencies thereof.
d. Buyers default under any lease covering the premises upon which the RF Transmitter Unit is located or installed.
e. Loss, theft or substantial damage or Injury to the RF Transmitter Unit.
f. Failure to maintain adequate insurance coverage to protect the premises and its contents from burglary, theft, robbery, fire, water
damage, Acts of God and other causes of damage.
g. Buyers dissolution, termination, insolvency, assignment of assets or property for the benefit of creditors or the commencement of
any bankruptcy or insolvency proceedings against the Buyer or any guarantor or surety for the Buyer.
2. Upon the occurrence of any such even of default Seller may exercise any and all of the following rights and remedies:
a. Terminate all services subscribed for hereunder by delivery of written notice to Buyer at least five days prior to such termination.
b. Declare all amounts owed Seller under this contract immediately due and payable and proceed to obtain payment of same.
c. Pursue any other rights or remedies either at law or in equity now or hereafter existing.
3. No waiver by Seller of a default will be deemed a waiver of any other default regardless of the time of occurrence of such other default
N. CONSTRUCTION AND MODIFICATION OF CONTRACT
A. Partial Invalidity
If any term, provision, covenant or condition of this contract is held by a court of competent jurisdiction to be invalid, void or unenforce-
able, the remainder of this contract shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
B. Entire Agreement
This contract supersedes any and all other agreements, either oral or In writing, between the parties with respect to the subject matter
hereof and contains all of the covenants and agreements between the parties with respect to such matter. Each party to this contract
acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or
anyone acting on behalf of any party, which are not contained herein, and that no other agreement, statement or promise not contained
In this contract shall be valid or binding.
C. Execution
This contract is not binding upon Seller until executed by a duly authorized officer of Seller.
D. Assignment
This contract may be assigned, in whole or in part, at any time by Seller and without the consent of Buyer. Any such assignment shall
not relieve Seller of its obligations hereunder. This contract is not assignable by Buyer.
E. Attorneys' Fees
The prevailing party In any suit brought to enforce or interpret any portion of this contract shall be entitled to receive such party's
attomeys' fees and costs in addition to any other relief awarded.
F. Governing Law
This contract shall be subject to and governed by the laws of the State of Texas.
G. Modification
This contract shall not be modified or amended except by written instrument signed by the party to be charged.
ROUND ROCK
TEXAS
City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing four (4) new Alarm Monitoring Services Subscription
Agreement with Entech Sales and Service for additional buildings.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/26/2021
Dept Director: Chad McDowell, General Services Director
Cost: $1,440.00
Indexes: General Fund; Utility Fund
Attachments: Entech Alarm Monitoring
Department: General Services Department
Text of Legislative File CM-2021-063
Entech Sales and Service will provide Alarm Monitoring Service for the New Fire Station No. 3, Fire Station
No. 5, Fire Station No. 7 and the Water Treatment Plant Chlorinating Building.
Cost: $1,440.00 annually
Source of Funds: General Fund, Utility Fund
City of Round Rock Page 1 of 1