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R-89-1290 - 5/25/1989WHEREAS, the City of Round Rock desires security from vandalism, trespassing and other violations of the law for the Municipal Swimming Pool and Kinningham Park, and WHEREAS, Master Burglar Alarm Co., Inc., has submitted the best proposal to provide security for the Municipal Swimming Pool and Kinningham Park, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City Council a service agreement with Master Burglar Alarm Co., Inc., to provide security for the Municipal Swimming Pool and Kinningham Park, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 25th day of May, 1989. ATTEST: NE C43RESBURGL LAND, City Secretary RESOLUTION NO. ' 90 af /14,, MIKE ROBINSON, Mayor City of Round Rock, Texas 1927, MASTER BURGLAR ALARM CO., INC. P. 0. Box 4092 Austin, Texas 78765 Telephone (512) 452 -8589 itntSSetip Other important terms included in this Agreement are printed on the back of this sheet. Read them all before signing. MASTER BURGLAR ALARM CO. 'eruire Agreement, made this 1 day of JUNE 19 89 between MASTER BURGLAR ALARM CO., INC., hereinafter called "Contractor," and ROUND ROCK PARKS & RECREATION hereinafter called the "Subscriber ". 1. For the consideration hereinafter named, the Contractor agrees to perform certain routine services related to equipment owned by Subscriber, on the premises of the Subscriber known as ROUND ROCK PARKS & RECREATION (KENNINGHAW GATIS SCHOOL RD. hereinafter called the "protected premises ". 2. The equipmen, to be serviced under this Agreement is specified on the attached Schedule. Any alterations, additions or modifications of the equipment will be covered by this Agreement only if it is listed on the Schedule. 3. Services covered by this Agreement: Contractor shall provide through its central station continuous monitoring of signals from its equipment installed on the protected premises. On receipt of a signal indicating a possible break -in, Contractor will promptly notify the local police and those persons specified in writing by Subscriber. The local police have no obligation to follow up such notice calls with Contractor, and Contractor assumes no responsibility for making further contact with police or with Subscriber after the initial notice calls are made. On receipt of a signal indicating interruption of telephone service or electrical service (if the scheduled system is equipped to signal interruption of electrical service), Contractor will notify only those persons specified by Subscriber. Contractor cannot repair or restore utility or telephone service. Subscriber is solely responsible for reporting such outages to the supplier. It is understood that Contractor's responsibility under this subsection does not extend beyond signal monitoring and notice to police and Subscriber as described herein. Contractor is not obligated to perform guard, patrol, or other protective services as part of this Agreement. Service shall be available through the contractor's central station during normal business hours at the current minimum service rate. Subscriber acknowledges that if a DIGITAL DIALER COMMUNICATOR SYSTEM is used that such a SYSTEM is a non- supervised digital, communicator system, and, that SUBSCRIBER is solely responsible for testing and setting the SYSTEM at closing time, and that the SYSTEM utilizes SUBSCRIBER'S voice telephone lines which are wholly beyond the supervision and control of MASTER BURGLAR ALARM CO., INC. 4. Subscriber shall pay Contractor: (A) The sum of $ XXXXY. for connecting the scheduled equipment to Contractor's central station, hereinafter called "con. nection fee ". (B) In addition, Subscriber shall pay Contractor, the sum of $ 21.00 monthly in advance for a period of 1 years from the date such system is installed and operative under this Agreement until the termination of this Agreement. This fee covers only the services specified In Paragraph 3, above; any non - routine maintenance and repairs beyond normal wear and tear will be subject to an additional reasonable charge. 5. Monitoring of the scheduled equipment shall begin after it Is Installed, connected to Contractor's central station and fully operational, andafter all applicable installation and connection fees have beer paid..: CONTRACTOR IS NOT AN INSURER, AND IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE SUSTAINED THROUGH BURGLARY, VANDALISM, ROBBERY, OR FORCIBLE ENTRY ON THE PROTECTED PREMISES. CONTRACTOR'S TOTAL MAXIMUM LIABILITY 1N RESPECT OF THIS CONTRACT IS LIMITED TO A SUM EQUAL TO SIX - MONTHLY PAYMENTS. HEREUNDER, WHICH LIABILITY IS FIXED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL CONSTITUTE SUBSCRIBER'S ONLY REMEDY. CONTRACTOR HEREBY DISCLAIMS ALL EXPRESS WARRANTIES NOT.CONTAINED IN THIS WRITTEN AGREEMENT AND FURTHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PUROPSE. CONTRACTO • S �) By: /1G(t14-3 c; !if,'246-) / ,6(- CCdiY ;',/ Representative {� By MASTER IiTIRLLAR A1.ARhi CO. , INC. By • / / 1 Title • 7. The Subscriber hereby authorizes and empowers Said Contractor, its agents or assigns, to install the scheduled equipment in said pro- tected premises and to make inspections, tests, and repairs to it. 8. Contractor is hereby authorized to make any preparations such as drilling holes, driving nails, making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the scheduled equipment and its connection to Contrac- tor's central system, and Contractor shall not be responsible for any condition created thereby during the installation, maintenance or connection of the scheduled equipment. Subscriber warrants that It has full authority from the owner and /or any other person In con- trol of the protected premises to permit the installation and connection of the scheduled equipment under all conditions hereinabove mentioned. 9 In consideration of this Agreement, Subscriber warrants to Contractor that the scheduled equipment is fully operative and can be con- nected to Contractor's central station using routine methods. Subscriber expressly agrees that Contractor is not responsible for any damage sustained by Subscriber as a result of the condition of the scheduled equipment, including undiscovered latent defects, unless that condition was caused by the negligence of Contractor's employees, agents, or servants. Subscriber further agrees to in- demnify Contractor and hold it harmless from any damage sustained by it, or liability to third parties, including costs of suit, arising from the condition of the scheduled equipment, including undisclosed latent defects, unless that condition was caused by the negligence of Contractor's employees, agents, or servants. Contractor is likewise not responsible for any damage sustained by Subscriber as a result of Subscriber's relocation, replacement, modification or removal of the scheduled equipment or adding to it, (unless the same is noted on the attached schedule) or as a result of Subscriber's tampering, interfering with, or attempting to repair or modify the scheduled equipment. Subscriber further agrees to indemnify and hold Contractor harmless from any damage sustained by it or liability to third parties, including costs of suit, resulting from Subscriber's relocation, modification, removal, replacement, addi- tion to, or tampering or interfering with the scheduled equipment, or attempting to repair or modify it. 10. Except as otherwise herein provided, this Agreement shall remain in full force and effect for a period of / years from the date said system is installed. At the expiration of such period, this Agreement shall be considered renewed for a like period, subject to such changes In rates and charges of which Contractor shall have given Subscriber thirty days' prior notice in writing, unless Subscriber notifies Contractor of its intent not to renew, in writing, before the expiration of the then - current term. This agreement or any renewal thereof may be cancelled by either party by giving to the other thirty days' written advance notice of intent to cancel. 11. It is the responsibility of the Subscriber to set the scheduled equipment carefully and properly, in accordance with the instructions pro- vided by Contractor, to test it carefully when the equipment is installed, and every week during the life of this Agreement. Contractor Is not responsible for the discovery of defects in the scheduled equipment, and is entitled to rely on Subscriber's representations and warranties concerning it condition. 12. On or before the date monitoring begins, Subscriber agrees to furnish Contractor a written list of names of individuals to be notified under Paragraph 3, as well as a written list of names and individual signatures of all persons who shall have the right to enter the pro- tected premises of the Subscriber and who may be called upon for a key to enter the protected premises of the Subscriber, between the regular scheduled time for closing and opening of the protected premises. Contractor is responsibile for giving notice, as required by Paragraph 3 only to those individuals specified in writing by Subscriber. It Is Subscriber's responsibility to keep this list correct and current. 13. If any agency or bureau having jurisdiction, or Subscriber by his or its own act shall require or make necessary any changes in the scheduled equipment as originally installed, Contractor will, upon Subscriber's request, make the necessary changes, and Subscriber agrees to pay for the cost of such changes. Any increased charges made to Contractor by the Telephone Company for such things as leased lines used in connection with services rendered under this Agreement, shall be borne by Subscriber and shall be added to the service charges made to Subscriber. 14. Contractor assumes no liability for delay in installation of or service to the scheduled equipment or for interruption of operation of the scheduled equipment due to strikes, riots, floods, fire or act of God or any other cause beyond the control of Contractor and shall not be required to supply service to Subscriber while interruption of service due to any such cause shall continue, but will, in such event, give notice of the condition to Subscriber or Subscriber's designated representative. Except for such notice as is provided for under Section 3 of this Agreement, the mailing of a letter to Subscriber to such effect shall conclusively establish that such advice has been given by Contractor. Such delay or interruption shall not relieve Subscriber of the duty to make payments as herein provided. 15. Contractor shall have the right to assign this Agreement to any other person, firm or corporation without notice to the Subscriber, and shall have the further right to sub - contract any services which it may perform. This Agreement is not assignable by the Subscriber ex. cept upon written consent of Contractor first being obtained. The Subscriber may not assign any rights inuring under this Agreement or under the relationship created hereby either voluntarily or by operation of law without first having obtained the written consent of the Contractor. The Subscriber does hereby, for itself and all parties claiming under it, release and discharge the Contractor from and against all hazards covered by insurance, it being expressly understood and agreed that no insurance company or insurer shall have any rights of subrogation against the Contractor. 18. This Agreement may be terminated at the option of the Contractor at any time in the event that the Contractor is unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of conductors between the Subscriber's pro - tected premises and the Contractor's central station, and also in case its central station, connecting wires or equipment within the Subscriber's protected premises are destroyed or so substantially damaged that it is impracticable to continue service, and Contractor shall not be liable for any damages or subject to any penalty as a result of such termination. Likewise, Subscriber may cancel this Agreement at its option in the event that Subscriber's plant is destroyed or so damaged that it is impracticable to continue service. 17. Any waiver by Contractor, in a particular instance, of any right or remedy conferred by this Agreement, shall not be construed as a waiver of the same as to other instance, past or future. 18. This Agreement constitutes the entire Agreement between parties hereto, and no changes or alterations shall be made unless in writing, signed by the parties hereto. This Company is licensed and regulated by the Texas Board of Private Investigators and Private Security Agencies Complaints may be directed to: P. O. Box 13509 Austin, Texas 78711 (512) 475.3944 By: 1326 (NTJNICIPAL S0Ii'u'[I %G POOL) MASTER BURGLAR ALARM CO:, INC. P. 0. Box 4092 Austin, Texas 78785 Telephone (512) 452 -8589 *unite agreement, made this 1 day of JUNE 19 89 between MASTER BURGLAR ALARM CO., INC., hereinafter called "Contractor,' and ROUND ROCK PARKS & RECREATION itnessetl: 1. For the consideration hereinafter named, the Contractor agrees to perform certain routine services related to equipment owned by Subscriber, on the premises of the Subscriber known as ROUND ROCK PARKS & RECREATION at DOVE HAVEN hereinafter called the "protected premises ". 2. The equipmen\to be serviced under this Agreement is specified on the attached Schedule. Any alterations, additions or modifications of the equipment will be covered by this Agreement only i f i t is listed on the Sch9d le, Services covered by this Agreement: Contractor shall provide through its central station continuous monitoring of signals from its equipment installed on the protected premises. On receipt of a signal indicating a possible break -in, Contractor will promptly notify the local police and those persons specified in writing by Subscriber. The local police have no obligation to follow up Such notice calls with Contractor, and Contractor assumes no responsibility for making further contact with police or with Subscriber alter the initial notice calls are made. On receipt of a signal indicating interruption of telephone service or electrical service (if the scheduled system is equipped to signal interruption of electrical service), Contractor will notify only those persons specified by Subscriber. Contractor cannot re air or restore tilit or tele hone service. Subscriber is solel responsible for re.ortin. such outages to the supplier. It is understood that Contractor's responsibility under this subsection does not extend beyond signal monitoring and notice to police and Subscriber as described herein. Contractor is not obligated to perform guard, patrol, or other protective services as pan of this Agreement. Service shall be available through the contractor's central station during normal business hours at the current minimum service rate. Subscriber acknowledges that if a DIGITAL DIALER COMMUNICATOR SYSTEM is used that such a SYSTEM is a non - supervised digital, communicator system, and, that SUBSCRIBER is solely responsible for testing and setting the SYSTEM at closing lime, and that the SYSTEM utilizes SUBSCRIBER'S voice telephone lines which are wholly beyond the supervision and control of MASTER BURGLAR ALARM CO., INC. 4. Subscriber shall pay CO ) p9tpt:." (A) The sum of $ X d iX R for connecting the scheduled equipment to Contractor's central station, hereinafter called "con - nection fee ". (B) In addition, Subscriber shall pay Contractor, the sum of $ 21 00 monthly in advance for a period of 1 years from the date such system Is installed and operative under this Agreement until the termination of this Agreement. This fee covers only the services specified In Paragraph 3 , above; any : non- routine maintenance and repairs beyond normal wear and tear will be subject to an additional reasonable charge. 5. Monitoring of the scheduled equipment shall begin after It is installed, connected to Contractor's central station and fully operational, andafter all applicable installation and connection fees have beep paid. CONTRACTOR IS NOT AN INSURER, AND IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE SUSTAINED THROUGH BURGLARY, VANDALISM, ROBBERY, OR FORCIBLE ENTRY ON THE PROTECTED PREMISES. CONTRACTOR'S TOTAL MAXIMUM LIABILITY IN RESPECT OF THIS CONTRACT IS LIMITED TO A SUM EQUAL TO SIX - MONTHLY_ PAYMENTS HEREUNDER, WHICH LIABILITY IS FIXED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL CONSTITUTE SUBSCRIBER'S ONLY REMEDY. CONTRACTOR HEREBY DISCLAIMS ALL EXPRESS WARRANTIES NOI CONTAINED IN THIS WRITTEN AGREEMENT AND FURTHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PUROPSE. Other important terms included in this Agreement are printed on the back of this sheet. Read them all before signing. CONTRACTOR: By. MASTER BURAGLAR ALARM CO. , INC, MASTER BURGLAR ALARM CO. hereinafter called the "Subscriber ". � SUBSCRIBER / �! L ,.s;.:,.,L 4;,.: ,✓,L�y` �_.. _I _.��Li! �� Representative � /� By. t /7271 Y Title 7. The Subscriber hereby authorizes and empowers said Contractor, its agents or assigns, to install the scheduled equipment in said pro- tected premises and to make inspections, tests, and repairs to it. 8. Contractor is hereby authorized to make any preparations such as drilling holes, driving nails, making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the scheduled equipment and Its connection to Contrac- tor's central system, and Contractor shall not be responsible for any condition created thereby during the installation, maintenance or connection of the scheduled equipment. Subscriber warrants that it has full authority from the owner and /or any other person in con. trol of the protected premises to permit the installation and connection of the scheduled equipment under all conditions herelnabove mentioned. 9 In consideration of this Agreement, Subscriber warrants to Contractor that the scheduled equipment is fully operative and can be con. nected to Contractor's central station using routine methods. Subscriber expressly agrees that Contractor is not responsible for any damage sustained by Subscriber as a result of the condition of the scheduled equipment, including undiscovered latent defects, unless that condition was caused by the negligence of Contractor's employees, agents, or servants. Subscriber further agrees to In- demnify Contractor and hold it harmless from any damage sustained by it, or liability to third parties, including costs of suit, arising from the condition of the scheduled equipment, including undisclosed latent defects, unless that condition was caused by the negligence of Contractor's employees, agents, or servants. Contractor is likewise not responsible for any damage sustained by Subscriber as a result of Subscriber's relocation, replacement, modification or removal of the scheduled equipment or adding to it, (unless the same Is noted on the attached schedule) or as a result of Subscriber's tampering, interfering with, or attempting to repair or modify the scheduled equipment. Subscriber further agrees to indemnify and hold Contractor harmless from any damage sustained by It or liability to third parties, including costs of suit, resulting from Subscriber's relocation, modification, removal, replacement, addi- tion to, or tampering or interfering with the scheduled equipment, or attempting to repair or modify it. 10. Except as otherwise herein provided, this Agreement shall remain in full force and effect for a period of / years from the date said system is installed. At the expiration of such period, this Agreement shall be considered renewed for a like period, subject to such changes in rates and charges of which Contractor shall have given Subscriber thirty days' prior notice in writing, unless Subscriber notifies Contractor of its intent not to renew, in writing, before the expiration of the then. current term. This agreement or any renewal thereof may be cancelled by either party by giving to the other thirty days' written advance notice of intent to cancel. 11. It is the responsibility of the Subscriber to set the scheduled equipment carefully and properly, in accordance with the instructions pro- vided by Contractor, to test it carefully when the equipment is installed, and every week during the life of this Agreement. Contractor is not responsible for the discovery of defects in the scheduled equipment, and is entitled to rely on Subscriber's representations and warranties concerning it condition. 12. On or before the date monitoring begins, Subscriber agrees to furnish Contractor a written list of names of individuals to be notified under Paragraph 3, as well as a written list of names and individual signatures of all persons who shall have the right to enter the pro- tected premises of the Subscriber and who may be called upon for a key to enter the protected premises of the Subscriber, between the regular scheduled time for closing and opening of the protected premises. Contractor Is responsibile for giving notice, as required by Paragraph 3 only to those individuals specified in writing by Subscriber. It is Subscriber's responsibility to keep this list correct and current. 13. If any agency or bureau having jurisdiction, or Subscriber by his or its own act shall require or make necessary any changes In the scheduled equipment as originally installed, Contractor will, upon Subscriber's request, make the necessary changes, and Subscriber agrees to pay for the cost of such changes. Any increased charges made to Contractor by the Telephone Company for such things as leased lines used in connection with services rendered under this Agreement, shall be borne by Subscriber and shall be added to the service charges made to Subscriber. 14. Contractor assumes no liability for delay in installation of or service to the scheduled equipment or for interruption of operation of the scheduled equipment due to strikes, riots, floods, fire or act of God or any other cause beyond the control of Contractor and shall not be required to supply service to Subscriber while interruption of service due to any such cause shall continue, but will, in such event, give notice of the condition to Subscriber or Subscriber's designated representative. Except for such notice as is provided for under Section 3 of this Agreement, the mailing of a letter to Subscriber to such effect shall conclusively establish that such advice has been given by Contractor. Such delay or interruption shall not relieve Subscriber of the duty to make payments as herein provided. 15. Contractor shall have the right to assign this Agreement to any other person, firm or corporation without notice to the Subscriber, and shall have the further right to sub - contract any services which It may perform. This Agreement is not assignable by the Subscriber ex- cept upon written consent of Contractor f lrst being obtained. The Subscriber may not assign any rights inuring under this Agreement or under the relationship created hereby either voluntarily or by operation of law without first having obtained the written consent of the Contractor. The Subscriber does hereby, for itself and all parties claiming under it, release and discharge the Contractor from and against all hazards covered by insurance, it being expressly understood and agreed that no insurance company or insurer shall have any rights of subrogation against the Contractor. 16. This Agreement may be terminated at the option of the Contractor at any time in the event that the Contractor is unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of conductors between the Subscriber's pro- tected premises and the Contractor's central station, and also in case its central station, connecting wires or equipment within the Subscriber's protected premises are destroyed or so substantially damaged that it is impracticable to continue service, and Contractor shall not be liable for any damages or subject to any penalty as a result of such termination. Likewise, Subscriber may cancel this Agreement at its option in the event that Subscriber's plant is destroyed or so damaged that it is impracticable to continue service. 17. Any waiver by Contractor, in a particular instance, of any right or remedy conferred by this Agreement, shall not be construed as a waiver of the same as to other instance, past or future. 18. This Agreement constitutes the entire Agreement between parties hereto, and no changes or alterations shall be made unless in writing, signed by the parties hereto. This Company is licensed and regulated by the Texas Board of Private Investigators and Private Security Agencies Complaints may be directed to: P. 0. Box 13509 Austin, Texas 78711 (512) 475 -3944 326 MASTER BURGLAR ALARM CO., INC. P. O. Box 4092 Austin, Texas 78765 Telephone (512) 452-8589 teruiCe Agreement, made this 1 day of JUNE 19 89 between MASTER BURGLAR ALARM CO., INC., hereinafter called "Contractor;' and ROUND ROCK PARKS & RECREATION (MUNICIPAL SWIMMING POOL) l; I; itnessett : MASTER BURGLAR ALARM CO. hereinafter called the "Subscriber ". 1. For the consideration hereinafter named, the Contractor agrees to perform certain routine services related to equipment owned by Subscriber, on the premises of the Subscriber known as ROUND ROCK PARKS & RECREATION at DOVE HAVEN hereinafter called the "protected premises'. 2. The equipment to be serviced under this Agreement Is specified on the attached Schedule. Any alterations, additions or modifications of the equipment will be covered by this Agreement only if it is listed on the Schedule. 3. Services covered by this Agreement: Contractor shall provide through its central station continuous monitoring of signals from its equipment installed on the protected premises. On receipt of a signal indicating a possible break -in, Contractor will promptly notify the local police and those persons specified in writing by Subscriber. The local police have no obligation to follow up such notice calls with Contractor, and Contractor assumes no responsibility for making further contact with police or with Subscriber after the Initial notice calls are made, On receipt of a signal indicating interruption of telephone service or electrical service (if the scheduled system is equipped to signal interruption of electrical service), Contractor will notify only those persons specified by Subscriber. Contractor cannot repair or restore utility or telephone service. Subscriber is solely responsible for reporting such outages to the supplier. It is understood that Contractor's responsibility under this subsection does not extend beyond signal monitoring and notice to police and Subscriber as described herein. Contractor is not obligated to perform guard. patrol, or other protective services as part of this Agreement. Service shall be available through the contractors central station during normal business hours at the current minimum service rate. Subscriber acknowledges that if a DIGITAL DIALER COMMUNICATOR SYSTEM is used that such a SYSTEM is a non - supervised digital, communicator system, and, that SUBSCRIBER is solely responsible for resting and setting the SYSTEM at closing time, and that the SYSTEM utilizes SUBSCRIBER'S voice telephone lines which are wholly beyond the supervision and control of MASTER BURGLAR ALARM CO., INC. 4. Subscriber-strait-Pay Cglltr_a (pl; (A) The sum of $ XAAAC XAA for connecting the scheduled equipment to Contractor's central station, hereinafter called "con- nection fee ". (B) In addition, Subscriber shall pay Contractor, the sum of $ 21.00 monthly in advance for a period of 1 years from the date such system is installed and operative under this Agreement until the termination of this Agreement. This fee covers only the services specified In Paragraph 3 , above; any non - routine maintenance and repairs beyond normal wear and tear will be subject to an additional reasonable charge. 9. Mcr.i:c 1ng of the scheduled e- uipment shall begin after it Is Installed, connected to Contractor's central station and fully operational, andafter all applicable installation and connection fees have been paid. sea z AVI4 03A0338 CONTRACTOR HEREBY DISCLAIMS ALL EXPRESS WARRANTIES NOT CONTAINED IN THIS WRITTEN AGREEMENT AND FURTHER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PUROPSE. CONTRACTOR, By CONTRACTOR IS NOT AN INSURER, AND IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE SUSTAINED THROUGH BURGLARY, VANDALISM, ROBBERY, OR FORCIBLE ENTRY ON THE PROTECTED PREMISES, CONTRACTOR'S TOTAL MAXIMUM LIABILITY IN RESPECT OF THIS CONTRACT IS LIMITED TO A SUM EQUAL TO SIX MONTHLY PAYMENTS HEREUNDER, WHICH LIABILITY IS FIXED AS LIQUIDATED DAMAGES AND NOT AS A PENALTY, AND SHALL CONSTITUTE SUBSCRIBER'S ONLY REMEDY. Other Important terms included In this Agreement are printed on the back of this sheet. Read them all before signing. SUBSCRIBER: Representative B MASTER BURGLAR ALARM C0..INC. By Title 7. The Subscriber hereby authorizes andempowerersald Contractor, its agents or assigns, to_ install the scheduled equipmenrii said pro- tected premises and to make inspections, tests, and repairs to it. This Company is licensed and regulated by the Texas Board of Private Investigators and Private Security Agencies Complaints may be directed to: P O. Box 13509 Austin, Texas 78711 (512) 475 -3944 • 8. Contractor Is hereby authorized to make any preparations sugh.as drllling holes, driving nails, making attachments or doing any other thing or things necessary or pertinent to the installation and maintenance of the scheduled equipment and Its connection to Contract tor's central' system, and Contractor shall not be responsible for any condition created thereby during the installation, maintenance or connection of the scheduled equipment. Subscriber warrants that tt has full authority from the owner and /or any other person in con. trol of the protected premises to permit the installation and connection of the scheduled equipment: under all conditions hereinabove mentioned. 9 In consideration of this Agreement, Subscriber warrants to Contractor that the scheduled equipment Is fully operative and can be con- nected to Contractor's central station using routine methods. Subscriber expressly agrees that Contractor Is not responsible for any damage sustained by Subscriber as a result of the condition of the scheduled equipment, Including undiscovered latent defects, unless that condition was caused by the negligence of Contractor's employees, agents, or servants. Subscriber further agrees to in- demnify Contractor and hold it harmless from any damage sustained by It, or liability to third parties, Including costa of suit, arising from the condition of the scheduled equipment; including undisclosed latent defects, unless that condition was caused by the negligence of Contractor's employees, agents,. or, servants. Contractor is likewise not responsible for any. damage sustained by Subscriber as a result of Subscriber's relocation replacement, modification or removal of the scheduled equipment or adding to it, (unless the same Is noted on the attachedschedule) oras a result of Subscriber's tampering, Interfering with, or attempting to repair or modify the scheduled equipment. Subscriber further agrees to Indemnify and hold Contractor harmless from any damage sustained by It or liability to third parties, including costs of suit, resulting from Subscriber's relocation, modification, removal, replacement, addi- tionto, or tampering or interfering with the scheduled equipment, or attempting to repair or modify It: 10. Except as otherwise herein provided, this Agreement shall remain In full force and effect for a period of _ years from the date said system is installed. At the expiration of such period, this Agreement shall be considered renewed for a like period, subject to such changes in rates and charges of which Contractor shall have given Subscriber thirty days' prior notice in writing, unless Subscriber notifies Contractor of its intent not to renew, in writing, before the expiration of the then - current term. This agreement or any renewal thereof may be Cancelled by either party by giving to the other thirty days' written advance notice of intent to cancel. 11. It is the responsibility of the Subscriber to set the scheduled equipment carefully and properly, in accordance with the instructions pro- vided by Contractor, to test it carefully when the equipment is installed, and every week during the life of this Agreement. Contractor Is not responsible for the discovery of defects in the scheduled equipment, and is entitled to rely on Subscriber's representations and warranties concerning it condition. 12. On or before the date monitoring begins, Subscriber agrees to furnish Contractor a written tlst of names of Individuals to be notified under Paragraph 3, as well as a written list of names and individual signatures of all persons who shall have the right to enter the pro- tected premises of the Subscriber and who may be called upon for a key to enter the protected premises of the Subscriber, between the regular scheduled time for closing and opening of the protected premises. Contractor Is responsibile for giving notice, as required by Paragraph 3 only to those individuals specified in writing by Subscriber. It Is Subscriber's responsibility to keep this Ilst correct and current. 13. If any agency or bureau having jurisdiction, or Subscriber by his or its own act shall require or make necessary any changes in the scheduled equipment as originally installed, Contractor will, upon Subscriber's request, make the necessary changes, and Subscriber agrees to pay for the cost of such changes. Any increased charges made to Contractor by the Telephone Company for such things as leased lines used in connection with services rendered under this Agreement, shall be borne by Subscriber and shall be added to the service charges made to Subscriber. 14. Contractor assumes no liability for delay in installation of or service to the scheduled equipment or for interruption of operation of the scheduled equipment due to strikes, riots, floods, fire or act of God or any other cause beyond the control of Contractor and shall not be renuired to supply service to Subscriber while interruption of service due to any such cause shall continue, but will. In such event, give notice of the condition to Subscriber or Subscriber's designated representative. Except for such notice as is provided tor under Section 3 of This Agreement, the mailing of a letter to Subscriber to such effect shall conclusively establish that such advice has been given by Contractor. Such delay or interruption shall not relieve Subscriber of the duty to make payments as herein provided. 15. Contractor shall have the right to assign this Agreement to any other person, firm or corporation without notice to the Subscriber, and shall have the further right to sub - contract any services which it may perform. This Agreement Is not assignable by the Subscriber ex- ceps upon written consent of Contractor first being obtained. The Subscriber may not assign any rights inuring under this Agreement or under the relationship created hereby either voluntarily or by operation of law without First having obtained the written consent of the Contractor. The Subscriber does hereby, for itself and all parties claiming under it, release and discharge the Contractor from and against all hazards covered by insurance, it being expressly understood and agreed that no Insurance company or insurer shall have any rights of subrogation against the Contrac tor. - - • - -- 16. This Agreement may be terminated at the option of the Contractor at any time in the event that the Contractor is unable either to secure or retain the connections or privileges necessary for the transmission of signals by means of conductors between the Subscriber's pro- tected premises and the Contractor's central station, and also in case its central station, connecting wires or equipment within the Subscriber's protected premises are destroyed or so substantially damaged that it is impracticable to continue service, and Contractor shall not be liable for any damages or subject to any penalty as a result of such termination. Likewise, Subscriber may cancel this Agreement at its option in the event that Subscriber's plant Is destroyed or so damaged that it is impracticable to cot itinue service. 17. Any waiver by Contractor, in a particular instance, of any right or remedy conferred by this Agreement, shall not be construed as e waiver of the same as to other instance, past or future. 16. This Agreement constitutes the entire Agreement between parties hereto, and no changes or alterations shall be made unless in writing, signed by the parties hereto. DATE: May 23, 1989 SUBJECT: Council Agenda, May 25, 1989 ITEM: 13I. Consider a resolution authorizing the Mayor to renew an agreement with Master Burglar Alarm for alarm systems at the Round Rock Pool and Kinningham Park. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: ECONOMIC IMPACT: Security alarm systems were installed at the Pool and Kinningham Recreation Center two (2) years ago. This agreement will renew our service agreement with Master Burglar Alarm Company, Inc. to monitor the systems. Staff recommends approval. The alarm systems have deterred break -ins at both locations, thus saving many dollars in vandalism repairs and stolen property replacement.