CM-2022-110 - 4/29/2022 ALARM MONITORING SERVICES SUBSCRIPTION AGREEMENT
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SALIKS
AND
DERVIGE
Corporate Office
3404 Garden Brook Drive, Dallas. TX 75234
(469)522-6000
State License No 646910
SUBSCRIBER I BUYER NAME AND ADDRESS:
Name Kinningham Park House
Street 1000 South Creek Drive
C".state Round Rock, TX Zip Code 78664
(Area Code)Telephone number 512-310$$11 Vftrk Number 512-310-8899
1,MONITOf"NG SERVICES SUBSCRIPTION
A.Ma tlodng Fees
I Emsch Sales and Siwna,Inc,■Tarim ow"ratwn rSomer),Was provide nwndbtng saracaa so dooalDed he an subjeta to the tome and Conditions GTI forth n Urs 0001100.Boyce port 0s1 t
monitoring fussy sstoom n swb-*a Wr;A 2 bd0tf 1"*monitatng Ne')and such add bdnor d,argea as set f*t%h nae+r(nabiltrp,wtttorA saetabon mOmt mamma teat and charges)
2 Buyer WAD haw the down of Dre9s11119 the inow hly enwitdnnp fes arcorertp b the foaosdtg sahatuAs
IV mdrimly a=DO quarterly or 12to QO annuAM
B.Tenn IAa 2022
I TAa 1a14r1 d qts c9marA afyf lora month 110 m00Uh b9gnnrtq May2O72 anal ronew oulomabColty upon the asprasan of eadi,sutlsreatro lam OA:aps 010 either
Deny Way baro to option to fatrsnabs tns cottbad by saitary of"Path nebtai by aw"ad not tenor recolpt mwalfOd.to the other parry at lam-wit thirty days Row ic the itapirWen at any
rsrm
Nese thel"ng this faepaing,Buyer atud hays the Tight to pfepay ale mdMoahp tea ai doaoObad in SubsoGtOn I A 2 move
2 It Buyer lamurlatea tea ca,tact paw to"G*WA OO of _ -( t2 t marina Buyer shse pray Stair.,o addition to any ether wriou'rdb o,ned by Buyer to Soifer.an arnoum
ogaut to ww"Imes th9 morWYy,monilarena bra ih sato as or"data d tannnafon rd b aypoTtsaw Sailor fat such early tammwasan The tomgotng Waa tiara payment is n addition to.and nut
n fou
of my oU!aef dafrlaget SMIr may ebur as a mtOtl Of Btrylf b termnaswi uMa rna mntran
C.A4dllloruI Chargee
1 Sews rnontoring two to kibill to psnodw adow nente prOrhded that Buyer to glvan*"on nowA usereof at Roast thirty days aria W the tldoWve Bete OI s,An adlottO nL Netyattstaptdrhg
try
caner prowon hereof and provided Buyer a not n defougi thavurder Buyer Walt naw tiro option to tart'rwnara tall compact by dehrtery of wndan Potti s by cargaed Tics,raa+m rtr.0i94
nquastad 10
Saler wWwt bhaan days after roam M ad)ustrnmrd a Proandd Buya'a re bore tD bmaty dabresr such wnnan rotas of Krmtnaoon to Saner ahac owsba la soc."WAws of me adjusted maMwtbp Ne
2 ITuysr that bac al,Costa atouted,n mgWring to IsM090 ammottn of the alum sigma"aystam.tnduding,attnout analabow an lefdowne mrhpany FOWFIaa charges and 00t00,Ara doengwi
or anemia seu,my PAVG drspalch ctamos
11.DAMAGES AND LIASIUTY PROVISIONS
A.General
1 BUYER ACXhOWLEDGES THAT THE ALARM SYSTEM AND 9ERViCES ARE DESIGNED SOLELY FOR THE PURPOSES OF DETECTING XCURREN:ES OF FORCED ENTRY THEFT
FIRE AND OTHER EMERGENC:E`S AND NOT FOR THE PURPOSE OF PREVENTING SUCH OCCURRENCES AND SELLER WLL NOT BE RESPONSIBLE FOR ANY DAMAGE OP'LOSS
CAUSED BY SUCH OCCURRENCES
2 Buyer Wort mantain edaguaAa naurwae c*mrata for the Drsiruse.and as untante fa.cam&toying kora butlarlt,Me",robbery,.Are+Talar dam"o Astir of God and oWor ressdnsaY tafasaeabbs
uveas
3 Buyer shall carup#y,w0tn M rossaaebe repuoos and gudebr,aa d S0910r mgAretng use and 0"PtI an a ass a+srrn 1pnshrp ayusm
B.Liability,
1 Selw is net in nsufar and peyma',ts descrmad hems,oro b used sdry Am rhe Yonas lot Ns sa-rC9a necn lawnbed riot upon Tie rtllre of the proporly 4 be Frotocied ;I.i root ft intentof
dor
Dates that Saawr aaautno ras{aana4rtty(Ora nylase or dano go reused by burglary..040.rowery Rrs.Aos or Owes Otto rAueee Notimostenang who abohs proozoris d any"to 4Ty%PWd ansa an
trw sen or Saba indar the cc th wneu*r tans to equVr,em:natkwt=wo Irony Interruptions,ACU of God.Ina nootionce of Sesw a o0erwas.Atu,nrttahy Shaw os nmrLed to who fasar of 0256
OO
aro.(s)brrias uta maahty mew"dtaps,wrath awn shat be Pad and rotaxw to,qudatap dtheolde, Boyo 60A0*4040as:hit any rrrh bstal.ty es herrn set fardh Plaited
et btudatae daprogos
SN Ina f+ Y Well be oonvisi is aro srasus he
2 Buyer agrees to and Was nganruy and hold hamlets Seller as amdayses.agar0n era subconabdsra bas:and sgsnst all deans lawauas Ind losses Y oohing resseraws srarnhefs tees
aasm.ted panty rhe rdtwq W to lora tSmuaW by Sopefs oatomOawA.nsgtga t Perienreanttiu w Isk.m to parsenw ors look9s ions anew this c tow li
SEE ADOIT:ONA.,L TERMS ANOCONCOMMS ON THE REVERSE S:OE HEREOF WH+Cri ARE FULLY INCORoCRATED ANDA PART OF THIS.AGREEMM�ENT
EXECUTEO M Round Rock,Texas Ts•aa.a0 ora 2d 2-
BUYER BUYER ErbctOSdea or.c SenTita,'Tic ����
�!�.eGo' rG� Robert C Howe, Digitally signed by Robert C Howe.
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By ar
C) '-^~ DTICE CC MPI.Aolti TS OR INDUIR ES REGARDtNfi ENTECH SALES ANG SEAVCE INC MAY UE DIRECTED TO
14.4%awnt cif-ems on.■wfaata.s aira Prt.sw saws»►Apar,ow&rc 0 Do.13509 AN chi Tanga 711]04,512A to*"
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 Seiler
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 or 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 informetion 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 (it) 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 (it 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.
a. 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. Buyer's 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.
I. 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. Buyer's 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 of 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 Seiler 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.
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City of Round Rock
UND ROCK
W, Agenda Item Summary
Agenda Number:
Title: Consider executing a new Alarm Monitoring Service Subscription Agreement w.th
Entech Sales and Service for K n ngham Huuhe
Type: City Manager Item
Governing Body: C-ty Manager Approval
Agenda Date: 4/29/2022
Dept Director: Chad McDowe- , General Services DiFecor
Cost: $360.00
Indexes: General Fund
Attachments: Kinningham Park House - Entech Agreement
Department: General Serv.ces
Text of Legislative File CM-2022-110
With this Agreement Entech will provide Alarm Monitoring Service for the Kinningham House located at
1000 South Creek Drive.
Cost:$360.00
Source of Funds: General Funds
City of Round Rock Page 1 of 1